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BIENZ v. CITY OF DAYTON

566 P.2d 904 (1977)

29 Or.App. 761

Fred BIENZ, Appellant, v. CITY OF DAYTON, an Oregon Municipal Corporation, Paul Jellum, Its Mayor, Paul Jensen, Norman McGrew, Morris Thacker, Duane Barnes, John Pacheco, and Rex McElwain, the City Council Members, the Building Inspector, City Recorder, Howard Williams, the City Engineer, and J. Gregcin, Inc., a Corporation, Respondents.

Court of Appeals of Oregon.

Decided June 6, 1977.

Attorney(s) appearing for the Case

Herbert H. Anderson, Portland, argued the cause for appellant. With him on the briefs were Harold C. Pope and Dezendorf, Spears, Lubersky & Campbell, Portland.

No appearance for respondent City of Dayton, an Oregon municipal corporation, Paul Jellum, its Mayor, Paul Jensen, Norman McGrew, Morris Thacker, Duane Barnes, John Pacheco, and Rex McElwain, the City Council Members, the Building Inspector, City Recorder, and Howard Williams, the City Engineer.

Eugene C. Tish, Portland, argued the cause for respondent J. Gregcin, Inc., a corporation. With him on the brief were C. David Hall and Rask & Herrerin, Portland.

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

JOHNSON, Judge.

Petitioner appeals a judgment dismissing his petition for a writ of review of decisions of the respondent city approving a tentative plan for a proposed subdivision and a subsequent modification to the approved tentative plan.

Petitioner makes six assignments of error: (1) the trial court's grant of a motion to strike portions of the petition; (2) the trial court's denial of petitioner's objections to return to the writ; (3) the city's alleged...

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