COLUMBIA COUNTY v. KELLY


548 P.2d 163 (1976)

COLUMBIA COUNTY, a Political Subdivision of the State of Oregon, Appellant, v. James E. KELLY, Respondent.

Court of Appeals of Oregon.

Decided April 5, 1976.


Attorney(s) appearing for the Case

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

John W. Shonkwiler, Portland, argued the cause for respondent. With him on the brief was Mark P. O'Donnell, Portland.

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


THORNTON, Judge.

Plaintiff county appeals from the decision of the circuit court which denied its request to have defendant's dwelling declared a nuisance and to enjoin defendant from keeping what the county considers to be a mobile home on his property.

The sole issue presented is whether the trial court erred in refusing to declare defendant's structure a nuisance and to enjoin defendant from permanently maintaining it at its present location.

The...

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