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DRAIN v. CLACKAMAS COUNTY

No. 87416; CA 9448.

585 P.2d 746 (1978)

36 Or.App. 799

Donald E. DRAIN and Josephine Drain, Husband and Wife, H.J. Slonecker and Clara S. Slonecker, Husband and Wife, and Ernest E. Isaak and Mildred Isaak, Husband and Wife, Appellants, v. CLACKAMAS COUNTY, Board of County Commissioners of Clackamas County, Consisting of Fred Stefani, Thomas Telford and Robert Schumacher, Lyle G. McGahuey and Ruth E. McGahuey, Husband and Wife, R & L Enterprises, Inc., an Oregon Corporation, Hart's Homes, Inc., an Oregon Corporation, Keith L. Wilson, Contractor, Keith L. Wilson Construction Co., Inc., John L. Anderson and Sandra Anderson, Husband and Wife, and Dave Wellock and G. Wellock, Husband and Wife, Respondents, C.R. Moe and Sena G. Moe, Husband and Wife, Defendants.

Court of Appeals of Oregon.

Decided October 30, 1978.

Attorney(s) appearing for the Case

William L. Brunner, Portland, argued the cause and filed the brief for appellants.

James E. Redman, Milwaukie, argued the cause for respondents McGahuey, R & L Enterprises, Inc. and Hart's Homes, Inc. With him on the brief were James E. Auxier, Portland, and Scott H. Parker, Oregon City.

James E. Auxier, Portland, argued the cause for respondents Wilson, Anderson, Wellock and Keith L. Wilson Const. Co., Inc. With him on the brief were James E. Redman, Milwaukie, and Scott H. Parker, Oregon City.

Scott H. Parker, Oregon City, argued the cause for respondents Clackamas County and Clackamas County Bd. of County Com'rs. With him on the brief were James E. Redman, Milwaukie, and James E. Auxier, Portland.

No appearance for defendants Moe.

Before SCHWAB, C.J., and LEE, RICHARDSON and JOSEPH, JJ.

JOSEPH, Judge.

Petitioners own residential property located near a subdivision in Clackamas County called Woodland Court. They filed a petition for a writ of mandamus, seeking to require the county, acting through the board of county commissioners, to cancel building permits issued for single family residential structures on lots in the subdivision and to compel the removal of the structures (which have a total estimated value of about $260,000) either by the county...

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