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AUCKLAND v. BOARD OF CTY. COM'RS OF MULTNOMAH

536 P.2d 444 (1975)

George AUCKLAND, Respondent, v. BOARD OF COUNTY COMMISSIONERS OF MULTNOMAH COUNTY, Oregon, et al., Appellants.

Court of Appeals of Oregon.

Decided June 2, 1975.

Rehearing Denied July 2, 1975.

Review Denied August 6, 1975.

Attorney(s) appearing for the Case

Paul G. Mackey, Deputy County Counsel, Multnomah County, argued the cause for appellants. With him on the briefs was George M. Joseph, County Counsel, Multnomah County.

Paul M. Reeder, Hillsboro, argued the cause for respondent. With him on the brief were Reeder & Rapp, Hillsboro.

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

SCHWAB, Chief Judge.

Plaintiff wants to develop his 18 acres of rural property on the Multnomah Channel of the Willamette River near Portland by constructing a marina for 70 houseboats. The defendant county commissioners denied plaintiff permission to do so. In this writ of review proceeding, the circuit court determined that plaintiff should be able to construct the marina:

"IT IS ORDERED: "1. This matter is remanded to the Board of Commissioners...

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