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GITTELSOHN v. CITY OF CANNON BEACH

No. CC78-761; CA 13646.

605 P.2d 743 (1980)

44 Or.App. 247

Shirley GITTELSOHN and Maurice O. Georges, Appellants, v. CITY OF CANNON BEACH, Oregon, a Municipal Corporation of the State of Oregon, W.C. Bauman, Robert G. Bauman Dba Breakers Point, Franklin Service Corporation, an Oregon Corporation, Respondents, Paula Munson Penney Aka Paula G. Munson, Defendant.

Court of Appeals of Oregon.

Decided January 28, 1980.

Attorney(s) appearing for the Case

Edward J. Sullivan, Portland, argued the cause for appellants. With him on the briefs were O'Donnell, Rhoades, Gerber & Sullivan, and Marla J. McGeorge, Portland.

E. Dan Van Thiel, Astoria, waived appearance for respondent, City of Cannon Beach.

James H. Clarke, Portland, argued the cause for respondents, W.C. Bauman, Robert G. Bauman, and Robert G. Bauman, dba Breakers Point. With him on the brief were Spears, Lubersky, Campbell & Bledsoe, George L. Kirklin and Frank M. Parisi, Portland.

C.E. Wheelock, Portland, submitted the brief for respondent, Franklin Service Corp. With him on the brief was Wheelock, Niehaus, Hanna, Murphy, Green & Osaka, Portland.

Before BUTTLER, P.J., and GILLETTE and ROBERTS, JJ.

GILLETTE, Judge.

Plaintiffs brought this declaratory judgment action seeking a declaration that the issuance of building permits for a 71-unit condominium project by the City of Cannon Beach to the defendant developers violated certain municipal zoning ordinances. Defendants moved for summary judgment contending that the proposed project does not violate the city's zoning ordinance and that this suit is barred by the statute of limitations, laches and by principles...

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