DAMASCUS COMMUNITY CHURCH v. CLACKAMAS CTY. BD


573 P.2d 726 (1978)

32 Or.App. 3

DAMASCUS COMMUNITY CHURCH, Appellant, v. CLACKAMAS COUNTY BOARD OF COMMISSIONERS, Respondents.

Court of Appeals of Oregon.

Decided January 16, 1978.


Attorney(s) appearing for the Case

William B. Ball, Harrisburg, Pa., argued the cause for appellant. With him on the briefs were B. Rupert Koblegarde and Grethe A. Larson, Portland.

Keith Kinsman, Asst. County Counsel, Oregon City, argued the cause and filed the brief for respondents.

Gregory R. Mowe, American Civil Liberties Union of Oregon, Portland, filed a brief amicus curiae for Damascus Community Church.

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


SCHWAB, Chief Judge.

This is a writ of review proceeding wherein petitioner contests the denial of a conditional use permit to operate a parochial school. Petitioner presently has a church on a six-acre site in a rural residential area of Clackamas County. A conditional use permit to operate a church was issued by the county in 1967. Since 1966, the church has also been operating a kindergarten and school for children in grades 1 through 12. The school is conducted...

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