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JOURNEYMEN, INC. v. JUDSON

No. 34185; CA 13310.

608 P.2d 563 (1980)

45 Or.App. 249

JOURNEYMEN, INC., an Oregon Corporation, Appellant, v. Burch R. JUDSON, Mark Hanschka, Joan Gardner, Milton Thomas, and Chester Gardner, Defendants, Scott R. McArthur, Respondent.

Court of Appeals of Oregon.

Decided March 17, 1980.

Attorney(s) appearing for the Case

Earl H. Mickelsen, Portland, argued the cause and filed the brief for appellant.

Carrell R. Bradley, Hillsboro, argued the cause and filed the brief for respondent.

Before JOSEPH, P.J., RICHARDSON, J., and SCHWAB, C.J.

JOSEPH, Presiding Judge.

Plaintiff obtained a conditional use permit to construct a motel-condominium in Lincoln City. Defendant McArthur, as the attorney for neighboring landowners opposing that complex, filed a petition for writ of review, which was later voluntarily withdrawn. He then commenced a declaratory judgment action to test the validity of plaintiff's conditional use permit and the constitutionality of the ordinance...

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