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CLACKAMAS COUNTY v. DUNHAM

567 P.2d 605 (1977)

30 Or.App. 595

CLACKAMAS COUNTY, a Political Subdivision of the State of Oregon, Respondent, v. William T. DUNHAM and Mary Lou Dunham, Husband and Wife, Appellants.

Court of Appeals of Oregon.

Decided August 17, 1977.

Attorney(s) appearing for the Case

Mark P. O'Donnell, Portland, argued the cause for appellants. With him on brief were John W. Shonkwiler and O'Donnell, Rhoades & Gerber, Portland.

Scott H. Parker, Clackamas County Counsel, Oregon City, argued the cause and filed brief for respondent.

Before SCHWAB, C.J., and LEE and JOHNSON, JJ.

JOHNSON, Judge.

Defendants appeal the trail court decree declaring their mobile home a public nuisance and enjoining its use as a residence on defendants' property. On October 1, 1972, defendants erected a "double wide" mobile home on their property which is designated as RR (Recreational Residential) by Clackamas County. The county zoning ordinance provides:

"* * * "22.3 Permitted Uses: "In a recreational residential district, the following...

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