DRAIN v. CLACKAMAS COUNTY


539 P.2d 673 (1975)

Donald E. DRAIN et al., Appellants, v. CLACKAMAS COUNTY et al., Respondents, C.R. Moe and Sena G. Moe, Husband and Wife, Defendants.

Court of Appeals of Oregon.

Decided August 25, 1975.


Attorney(s) appearing for the Case

William L. Brunner, Portland, argued the cause and filed the brief for appellants.

Richard F. Crist, Deputy Dist. Atty., Oregon City, argued the cause for respondent Clackamas County. With him on the brief was Roger Rook, Dist. Atty., Oregon City.

Arthur B. Knauss, Milwaukie, argued the cause for respondents McGahuey, R & L Enterprises, Inc., and Hart's Homes, Inc. On the brief were Gerald R. Pullen, Portland, and James E. Redman, Milwaukie.

James E. Auxier, Portland, argued the cause and filed the brief for respondents Wilson, Anderson and Wellock.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.


FORT, Judge.

In this mandamus proceeding petitioning property owners seek to compel defendant county to cancel building permits issued by it for single family dwellings on certain lots on the ground that the lot sizes do not conform to the county zoning ordinance, and seek to have the dwellings constructed or owned by others of the defendants on the lots in question removed.

Defendants demurred on various grounds including failure of the alternative writ to...

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