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CITY OF EUGENE v. CROOKS

No. 16-79-04405; CA 19329.

637 P.2d 1350 (1981)

55 Or.App. 351

CITY OF EUGENE, a Municipal Corporation of the State of Oregon, Respondent, v. Harold C. CROOKS and Joyce Crooks, Husband and Wife, Appellants, Mark W. Bjorling and Patsy Bjorling, Husband and Wife, Rhodney Cantu and Joline Cantu, Husband and Wife, Marilyn Hartman and Nathan Bell, Defendants.

Court of Appeals of Oregon.

Decided December 30, 1981.

Attorney(s) appearing for the Case

Terence J. Hammons, Eugene, argued the cause for appellants. With him on the briefs was Hammons & Jensen, Eugene.

John L. Franklin, Eugene, argued the cause for respondent. On the brief were Johnson, Harrang, Swanson & Long, John B. Arnold, and Timothy J. Sercombe, Eugene.

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

WARREN, Judge.

The City of Eugene (plaintiff) brought this suit under ORS 30.315 to enjoin violation of its zoning ordinance and the Oregon Structural Specialty Code. Defendants Crooks (defendants) appeal from the decree entered against them, claiming that they are victims of unlawful discrimination in the enforcement of plaintiff's ordinances and that the decree was improper, because it grants relief which is not requested in the complaint or justified by their stipulations...

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