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FIFTH AVENUE CORP. v. WASHINGTON COUNTY, ETC.

581 P.2d 50 (1978)

FIFTH AVENUE CORPORATION, an Oregon Corporation, Respondent, v. WASHINGTON COUNTY, a Political Subdivision of the State of Oregon, by and through Its Board of County Commissioners, Consisting of Burton Wilson, Virginia Dagg, Rod Roth, John Anicker and Ray Miller and Martin Cramton, Planning Director for Washington County, Oregon, Petitioner.

Supreme Court of Oregon, In Banc.

Argued and Submitted June 9, 1977.

Attorney(s) appearing for the Case

Lawrence R. Derr, Hillsboro, argued the cause and submitted a brief for petitioner.

Stephen T. Janik, Portland, argued the cause for respondent. With him on the brief were Davies, Biggs, Strayer, Stoel & Boley, Portland.

Frank C. McKinney, Salem, filed an amicus curiae brief for League of Oregon Cities and Ass'n of Oregon Counties.

LENT, Justice.

Plaintiff is an Oregon corporation which owns approximately 20 acres of undeveloped land (subject property) in an unincorporated area of Washington County. When plaintiff purchased the subject property in 1965, its zoning designation allowed the construction of a "district shopping center"1 of the type which plaintiff was planning to build.

On November 6, 1973, the Washington County Board of Commissioners (Board...

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