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CITY OF LAKE OSWEGO v. GRIMM'S FUEL CO.

577 P.2d 1360 (1978)

CITY OF LAKE OSWEGO, a Municipal Corporation, Appellant, v. GRIMM'S FUEL CO. and Wilda M. Southard, Respondents.

Court of Appeals of Oregon.

Argued and Submitted March 24, 1978.

Attorney(s) appearing for the Case

Lawrence Wm. Jordan, Jr., Lake Oswego, argued the cause and filed the briefs for appellant.

Edwin J. Welsh, Lake Oswego, argued the cause and filed the brief for respondents.

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

SCHWAB, Chief Judge.

This is a land-use case involving a non-conforming use. Plaintiff City of Lake Oswego (the City) appeals from an order of the trial court granting defendants' motion for summary judgment. We affirm.

Affidavits filed in support of and in opposition to the motion reveal the following uncontradicted facts. Defendants are the owners of an oval-shaped piece of real property which consists primarily of an abandoned rock quarry. In 1947, the...

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