APPERSON v. MULTNOMAH COUNTY


555 P.2d 929 (1976)

27 Or.App. 279

Stan APPERSON, Appellant, v. MULTNOMAH COUNTY, Respondent.

Court of Appeals of Oregon.

Decided November 8, 1976.


Attorney(s) appearing for the Case

Alex L. Parks, Portland, argued the cause and filed the briefs for appellant.

Paul G. Mackey, Deputy County Counsel, Portland, argued the cause for respondent. With him on the brief was George M. Joseph, County Counsel, Portland.

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


THORNTON, Judge.

Plaintiff appeals a decree in a Statement of Controversy proceeding, ORS ch. 27, which held that defendant could properly deny a building permit request by plaintiff because plaintiff's property did not meet minimum lot size specifications and did not qualify as a nonconforming use. ORS 215.130(4).

Stated in broad terms, the issue presented is whether the trial judge erred in upholding the defendant county's refusal to issue plaintiff a permit...

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