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MARRACCI v. CITY OF SCAPPOOSE

552 P.2d 552 (1976)

Frederic H. MARRACCI, Respondent, v. CITY OF SCAPPOOSE, an Oregon Municipal Corporation, et al., Appellants.

Court of Appeals of Oregon.

Decided July 26, 1976.

Attorney(s) appearing for the Case

David B. Williamson, St. Helens, argued the cause for appellants. With him on the brief were Williamson & Whipple, St. Helens.

John F. Hunnicutt, St. Helens, argued the cause and filed the brief for respondent.

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

SCHWAB, Chief Judge.

The defendant city denied plaintiff's request for a conditional-use permit to construct multiple-family housing. In this writ of review proceeding, the trial court reversed the city's action and ordered that a conditional-use permit be issued.

Under the applicable zoning ordinance, plaintiff's property can be used outright for single-family housing; multiple-family housing is a conditional use...

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