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KITE RANCHES, INC. v. SHIPSEY

No. 79-567E; CA 18358.

632 P.2d 1355 (1981)

53 Or.App. 833

KITE RANCHES, INC., a Corporation, and John N. Kite, Appellants, v. Edward SHIPSEY; Theodore Thomas; Klamath County, an Oregon County; Klamath County Board of Commissioners and Floyd Wynne, Nell Kuonen and Alvin Cheyne, in Their Capacity As Klamath County Commissioners and As the Klamath County Board of Commissioners; Klamath County Planning Commission and Donald Theriault, Gerald Dillavou, Gilbert Moty, Gordon DeArmond, Ronald Short, James Lane, Bill Crain, Dick Fairclo, and Kenneth Moore, in Their Capacity As Klamath County Planning Commissioners and As the Planning Commission of the County of Klamath; Jim Brockett in His Capacity As the Planning Director of Klamath County, Respondents.

Court of Appeals of Oregon.

Decided September 8, 1981.

Attorney(s) appearing for the Case

William M. Ganong, Jr., Klamath Falls, argued the cause for appellants. With him on the briefs was Wm. Ganong, Sr., Klamath Falls.

Robert S. Hamilton, Klamath Falls, filed the brief for respondents Edward Shipsey and Theodore Thomas. Robert D. Boivin, Klamath Falls, joined in the brief by Stipulation filed March 10, 1981, for respondents Klamath County, Klamath County, Bd. of Com'rs, Klamath County Planning Com'n and Planning Director.

Before BUTTLER, P.J., and WARDEN and WARREN, JJ.

BUTTLER, Presiding Judge.

Plaintiffs appeal from a judgment entered in favor of defendants in this action for declaratory and injunctive relief. Plaintiffs seek a declaration that the doctrine of res judicata precludes the County Commission from reconsidering, after invalidation by the Land Conservation and Development Commission (LCDC), two county ordinances, one granting a comprehensive plan change and the other a zone change, which would permit a subdivision...

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