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A & X, INC. v. COMMON COUNCIL, ETC.

No. 77-4213; CA 12434.

597 P.2d 851 (1979)

41 Or.App. 171

A & X, INC., an Oregon Corporation, Respondent, v. THE COMMON COUNCIL OF THE CITY OF EUGENE, Gus Keller, Eric Haws, D.W. Hamel, Tom Williams, Ray Bradley, Jack Delay, Scott Lieuallen, Brian Obie, and Betty Smith, Council Members, and Sherman Flogstad, City Recorder, Respondents, Orlo D. Dahl and Donna Jean Dahl, Appellants.

Court of Appeals of Oregon.

Decided July 16, 1979.

Attorney(s) appearing for the Case

Harold D. Gillis, Eugene, argued the cause and filed the brief for appellant.

Stuart M. Brown, Eugene, argued the cause for respondent, A & X, Inc., an Oregon corporation. With him on the brief was Young, Horn, Cass & Scott, Eugene.

John B. Arnold, Eugene, argued the cause for respondents, The Common Council of the City of Eugene, Gus Keller, Eric Haws, D.W. Hamel, Tom Williams, Ray Bradley, Jack Delay, Scott Lieuallen, Brian Obie, and Betty Smith, Council Members, and Sherman Flogstad, City Recorder. With him on the brief were Joyce Holmes Benjamin, and Johnson, Harrang & Mercer, Eugene.

Before SCHWAB, C.J., LEE, GILLETTE and CAMPBELL, JJ., and PETERSON, J. Pro Tem.

CAMPBELL, Judge.

In this writ of review proceeding, appellants Dahl appeal from the trial court's denial of their motion to vacate its judgment in plaintiff's favor and quash the writ or, in the alternative, to permit them to intervene to make such a motion. We reverse and remand.

The plaintiff owned a city lot on which it wanted to build a duplex. To accomplish this, it needed a variance from the building set-back requirements of the city zoning ordinance...

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