MARGGI v. RUECKER


533 P.2d 1372 (1975)

Herbert and Helen MARGGI, Husband and Wife et al., Appellants, v. Harold R. RUECKER et al., Respondents.

Court of Appeals of Oregon.

Decided March 31, 1975.

Rehearing Denied May 7, 1975.

Review Denied May 28, 1975.


Attorney(s) appearing for the Case

W. Louis Larson, Hillsboro, argued the cause and filed the brief for appellants.

Joe D. Bailey, Hillsboro, argued the cause and filed the brief for respondents.

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


SCHWAB, Chief Judge.

The question presented by this appeal is: Is an amendment of a comprehensive land use plan as it affects a single small parcel of property "judicial" as distinguished from "legislative" as those words are used in Fasano v. Washington Co. Comm., 264 Or. 574, 507 P.2d 23 (1973)? As we interpret Fasano, such an amendment is judicial.

The city of Hillsboro owns a 5.29-acre tract of land which is currently...

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