SOUTH OF SUNNYSIDE LEAGUE v. BD. OF COM., ETC


557 P.2d 1375 (1976)

27 Or.App. 647

SOUTH OF SUNNYSIDE Neighborhood LEAGUE et al., Appellants, v. BOARD OF COMMISSIONERS OF CLACKAMAS COUNTY, Oregon, and Its Members, et al., Respondents.

Court of Appeals of Oregon.

Decided December 13, 1976.

Reconsideration Denied January 31, 1977.


Attorney(s) appearing for the Case

Louis J. Fasano, Portland, argued the cause for appellants South of Sunnyside Neighborhood League, Thomas M. and Florence Baggs, Vance A. and Patricia J. Higdon, Charles M. and Sharon L. Foidel, Fred R. and Wilma J. Heyne, Scott L. and Kitty Freeman, Frank H. and Valerie J. Temple.

Gregory R. Mowe, Portland, argued the cause for appellants First Union Real Estate Equity and Mortgage Investment, First Union Management Co., Inc., dba First Union Shopping Centers Co.

Lawrence R. Lucas, Jr., Portland, argued the cause for appellants Oregon Environmental Council and Northwest Environmental Defense Center.

With them on the briefs was Clarence R. Wicks, Portland.

Richard F. Crist, Deputy Dist. Atty., Oregon City, argued the cause for respondents Board of Commissioners of Clackamas County, Oregon, and its members, Thomas D. Telford, Robert Schumacher, Stan Skoko, Clackamas County Planning Commission, and its members, Daniel Baer, George Lyons, Una Schmidt, John Dodd, Peter McDonald, Fred Wickersham, David McMinn, and Gerald Rothenfluch. With him on the brief was Roger N. Rook, Dist. Atty., Oregon City.

Theodore B. Jensen, Portland, argued the cause for respondents Ernest W. Hahn, Inc., The Coldwell Banker Fund, Broadway-Hale Properties, Inc. (or Carter Hawley Hale Properties, Inc.). With him on the brief were Alan K. Brickley, and Jensen, DeFrancq, Holmes & Schulte, Portland.

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


Reconsideration Denied January 31, 1977. See 559 P.2d 512.

SCHWAB, Chief Judge.

In this writ of review proceeding, plaintiffs appeal from a circuit court order affirming a Clackamas County Board of County Commissioners' decision to amend the county's comprehensive plan as it relates to a single parcel of approximately 65 acres. The amendment in question, which changes the use designation of this parcel from Medium Density...

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