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DAMASCUS COMMUNITY CHURCH v. CLACKAMAS CTY.

No. 78-10-182; CA 15205.

610 P.2d 273 (1980)

45 Or.App. 1065

DAMASCUS COMMUNITY CHURCH, Respondent, v. CLACKAMAS COUNTY, a political subdivision of the State of Oregon, Appellant.

Court of Appeals of Oregon.

Decided April 28, 1980.

Attorney(s) appearing for the Case

Beth Blount, Asst. County Counsel, Oregon City, argued the cause for appellant. With her on the briefs was John E. Schwab, Clackamas County Counsel, Oregon City.

B. Rupert Koblegarde, Portland, argued the cause for respondent. With him on the brief were Andrew J. Gerlicher and Richard L. Lonergan, Portland.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.

BUTTLER, Judge.

In 1967, the defendant county issued a conditional use permit to the plaintiff in this declaratory judgment proceeding, authorizing plaintiff to construct and operate a church in an RA-1 (Rural (Agricultural) Single Family Residential) zone. In 1975, the county became aware that plaintiff was operating a full-time parochial school on the church premises. The county planning director notified plaintiff that the school operation was a violation of the...

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