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MILLER v. COUNCIL OF CITY OF GRANTS PASS

No. 77-1251-E; CA 11244.

592 P.2d 1088 (1979)

39 Or.App. 589

Larry MILLER and Mike Maffett, Appellants, v. The COUNCIL OF the CITY OF GRANTS PASS, Oregon, composed of, John Dunkin, Milo Patino, Eddy Arnold, Glenn Reese, Richard Smith, Delford Dean, George Cooper and Bernice Ayers and Robert Loveless, Respondents.

Court of Appeals of Oregon.

Decided April 2, 1979.

Attorney(s) appearing for the Case

Walter L. Cauble, Grants Pass, argued the cause for appellants. With him on the briefs were Schultz, Salisbury, Cauble & Snider, Grants Pass.

Philip L. Nelson, City Atty., Grants Pass, argued the cause and filed the brief for respondents.

Before SCHWAB, C.J., and TANZER, RICHARDSON and ROBERTS, JJ.

ROBERTS, Judge.

Petitioners appeal from an order of the trial court affirming the city council's denial of petitioners' application for a conditional use permit. We reverse and remand.

Petitioners own a piece of land slightly larger than an acre in an area of Grants Pass zoned R-1-6, single-family residential. Single-family dwellings are permitted uses in this zone, while dwelling groups1 and duplexes are conditional uses. Petitioners...

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