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MOORE v. BD. OF COM'RS OF CLACKAMAS COUNTY

580 P.2d 583 (1978)

35 Or.App. 39

Earl C. MOORE, Marna L. Moore, Ruth Zehntbauer, Kenneth Rose, Betty Rose, Jennings Lodge Community Council, Appellants, v. BOARD OF COMMISSIONERS OF CLACKAMAS COUNTY, Oregon and Its Members, Thomas Telford, Robert Schumacher and Stan Skoko, and Western Evangelical Seminary, an Oregon Nonprofit Corporation, Respondents.

Court of Appeals of Oregon.

Decided July 5, 1978.

Attorney(s) appearing for the Case

Michael S. Sommers, Portland, argued the cause for appellants. With him on the briefs was Day & Prohaska, P.C., Portland.

Keith Kinsman, Asst. County Counsel, Oregon City, argued the cause for respondent Bd. of Com'rs. With him on the brief was Clackamas County Counsel, Oregon City.

Paul D. Schultz, Oregon City, argued the cause for respondent Western Evangelical Seminary. With him on the brief was Hibbard, Caldwell, Canning, Bowerman & Schultz, Oregon City.

Before SCHWAB, C.J., and THORNTON, TANZER and BUTTLER, JJ.

THORNTON, Judge.

This is a zoning appeal challenging the validity of a variance granted by defendant Board of Commissioners of Clackamas County (Board) in connection with the proposed construction of a gymnasium on the campus of defendant Western Evangelical Seminary (WES). Plaintiffs, who are adjacent property owners, appeal from the judgment of the circuit court affirming the decision of the Board. The variance would permit WES to construct the gymnasium with less...

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