EARLE v. McCARTHY


560 P.2d 665 (1977)

28 Or.App. 539

Donald W. EARLE et al., Appellants, Gladys Martin and Harry Martin, Plaintiffs, v. Pat McCarthy et al., Respondents.

Court of Appeals of Oregon.

Decided February 14, 1977.


Attorney(s) appearing for the Case

M. Chapin Milbank, Salem, argued the cause for appellants. With him on the brief was Schlegel, Milbank, Wheeler & Jarman, Salem.

Asa L. Lewelling, Salem, argued the cause for respondent S.S. Steiner, Inc. With him on the brief was Frank C. McKinney, Marion County Legal Counsel, Salem, for respondent Marion County.

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


TANZER, Judge.

The Marion County Board of Commissioners granted defendant a conditional use permit for the construction of a hop warehouse.1 Plaintiffs, the owners of land near the proposed site of the warehouse, thereafter petitioned the circuit court for a writ of review contending that the Board's action was predicated upon an improper construction of the applicable law and that it was not supported by substantial evidence. The circuit...

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