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INN, HOME FOR BOYS v. CITY COUNCIL, CITY OF PORTLAND

519 P.2d 390 (1974)

The INN, HOME FOR BOYS, an Oregon Nonprofit Corporation, et al., Appellants, v. CITY COUNCIL of the City of Portland and George Yerkovich, Auditor of the City of Portland, Respondents, James J. Damis, Intervenor-Respondent.

Court of Appeals of Oregon.

Decided March 4, 1974.

Attorney(s) appearing for the Case

Joyc D. Abele, Portland, argued the cause for appellants. With her on the briefs was Barnes H. Ellis, Portland.

Donald C. Jeffery, Portland, argued the cause for respondents. With him on the brief was John W. Osburn, City Atty., Portland.

James J. Damis, Portland, argued the cause for intervenor-respondent.

Before LANGTRY, P.J., and FOLEY and THORNTON, JJ.

LANGTRY, Presiding Judge.

Petitioners have operated a home for delinquent boys in a former one-family residence in an R-5 zone in N.E. Portland since 1969. The Inn, Home for Boys is the only dwelling on a large triangular parcel which is bordered on all three sides by city streets. In 1972 petitioners became aware that their operation was in violation of the city zoning ordinance. They applied for a conditional use permit as a "welfare institution." Welfare institutions...

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