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JACKSON v. BOARD OF CTY. COM'RS, CLACKAMAS CTY

552 P.2d 559 (1976)

John T. JACKSON et al., Respondents, v. BOARD OF COUNTY COMMISSIONERS FOR CLACKAMAS COUNTY ET AL., Respondents, Donald E. Kalal and Jessie M. Kalal, Husband and Wife, Appellants.

Court of Appeals of Oregon.

Decided August 2, 1976.

Attorney(s) appearing for the Case

Wade P. Bettis, Sr., Canby, argued the cause for appellants. With him on the briefs were R. Roger Reif and Bettis & Reif, Canby.

William Bradley Duncan, Hillsboro, argued the cause and filed the brief for respondents Jackson through Riverman.

No appearance for respondents Board of County Commissioners for Clackamas County, Thomas D. Telford, Fred Stefani, and Robert Schumacher.

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

SCHWAB, Chief Judge.

The defendants county commissioners issued a conditional-use permit to defendants Kalal for construction of a 110-unit mobile-home park on about 40 acres zoned RA-1 (rural agricultural single-family residential).1 In this writ of review proceeding, the circuit court set aside the permit on the ground "that the record is devoid of proof * * * to establish a public need for the conditional use."2

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