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SOUTH OF SUNNYSIDE v. BOARD OF COMMISSIONERS

570 P.2d 978 (1977)

31 Or.App. 235

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, Plaintiffs, Oregon Environmental Council, Northwest Environmental Defense Center, First Union Commercial Properties Expansion Co., First Union Real Estate Equity and Mortgage Investments, First Union Management Co., Inc., Dba First Union Shopping Centers Co., Appellants, v. 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, Gerald Rothenfluch, Ernest W. Hahn, Inc., the Coldwell Banker Fund, Broadway-Hale Properties, Inc. (or Carter Hawley Hale Properties, Inc.), Respondents.

Court of Appeals of Oregon.

Decided October 17, 1977.

Attorney(s) appearing for the Case

Gregory R. Mowe, Portland, argued the cause for appellants. With him on the briefs were Stephen T. Janik, and Lawrence Russell Lucas, Jr., Portland.

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

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, West Linn, and Jensen, DeFrancq, Holmes & Schulte, Portland.

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

PER CURIAM.

This is a writ of review proceeding challenging the court's action granting a zone change request. The zone change was granted on the ground that a previous decision of the court's changing the comprehensive plan was valid. That plan change decision was reversed in Sunnyside Neighborhood v. Clackamas Co. Comm., Or., 569 P.2d 1063 (1977), thus also invalidating the zone change at issue here.

Reversed...

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