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HEILMAN v. CITY OF ROSEBURG

No. 77-0781; CA 10167.

591 P.2d 390 (1979)

39 Or.App. 71

Darlene F. HEILMAN, Paul M. Felker and William F. Williamson, Appellants, v. CITY OF ROSEBURG and the City Council of the City of Roseburg, Composed of John W. Dunn, Elmer Giles, Jack B. Josse, George B. LaGrander, William L. Mehlhoff, J. William Neuner, Charles Rice, J. Doug Robertson, and Michael R. Wyatt, Mayor, Respondents.

Court of Appeals of Oregon.

Decided March 5, 1979.

Attorney(s) appearing for the Case

Donald A. Dole, Roseburg, argued the cause for appellants. With him on the brief was Long, Neuner, Dole, Caley & Kolberg, Roseburg.

Paul E. Geddes, Roseburg, argued the cause for respondents. With him on the brief was Geddes, Walton, Richmond, Nilsen & Smith, Roseburg.

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

TANZER, Judge.

Petitioners in this writ of review proceeding appeal from an order of the circuit court affirming the city council's denial of petitioners' application for a zone change. Petitioners contend that the city council failed to follow proper procedures and that its findings are inadequate and not supported by substantial evidence. ORS 34.040. We reverse and remand.

Petitioners applied for a zone change for approximately three acres in the city of...

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