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ERWIN v. CITY OF PORTLAND

543 P.2d 695 (1975)

Warde H. ERWIN and Mary Lou Erwin, Appellants, v. CITY OF PORTLAND et al., Respondents.

Court of Appeals of Oregon.

Decided December 29, 1975.

Attorney(s) appearing for the Case

Warde H. Erwin, Portland, argued the cause and filed the briefs for appellants.

Thomas R. Williams, Senior Deputy City Atty., Portland, argued the cause for respondent City of Portland. With him on the brief was John W. Osburn, City Atty., Portland.

William B. Crow, Portland, argued the cause for respondents Bayless. With him on the brief were Miller, Anderson, Nash, Yerke & Wiener and Roy F. Gorski, Jr., Portland.

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

LANGTRY, Judge.

Plaintiffs initiated this declaratory action on December 26, 1973 seeking to bar defendants Craig and Sandra Bayless from constructing a dwelling upon property abutting that occupied by their own home, contending that as designed the structure violated applicable "lot depth" and "front yard setback" ordinances to which no valid variance had been obtained. Plaintiffs specifically requested an order declaring the "rights, duties, and status" of the parties...

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