MILCREST CORPORATION, an Oregon Corporation, Respondent,
v.
CLACKAMAS COUNTY, a Municipal Corporation, Sylvia Murthe, Jean Baker, Victor Bringle, Mike Churchill, Jim Whitfield, Vernon L. Becker, Wendell H. Harmon, Willis B. Eppers and Adell Eppers, Donald G. Kirkpatrick and Annamay P. Kirkpatrick, Kermit Kunst, Jerry E. Marks and Leslie J. Marks, Richard M. Bleile, Hugo Paul and Harriett Paul, John B. Fergison and Lauren L. Fergison, Eugene M. Barger and Karen K. Barger, and R.R. Robert Dawes, Defendants,
Portland Metropolitan Area Local Government Boundary Commission, Metropolitan Service District, and Oregon Land Use Project, Inc., an Oregon Nonprofit Corporation, Appellants.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and Submitted June 23, 1982.
Decided September 15, 1982.
Attorney(s) appearing for the Case
Frank W. Ostrander, Jr., Asst. Atty. Gen., Portland, argued the cause for appellant Portland Metropolitan Area Local Government Boundary Commission. With him on the briefs were Dave Frohnmayer, Atty. Gen., Stanton F. Long, Deputy Atty. Gen. and William F. Gary, Sol. Gen., Salem.
Robert E. Stacey, Jr., Portland, argued the cause for appellants Oregon Land Use Project, Inc. and Metropolitan Service District. With him on the briefs was Michael A. Holstun, Portland.
James A. Cox, Lake Oswego, and David J. Buono, Portland, argued the cause for respondent. On the brief were David J. Buono and Lindstedt & Buono, P.C., Portland.
Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.
Court of Appeals of Oregon.
RICHARDSON, Presiding Judge.
This is a declaratory judgment action in which defendants1 appeal from the trial court's decree that plaintiff has a vested right to proceed with a 660-acre planned unit development (PUD). The PUD was approved by Clackamas County before the county adopted its comprehensive plan and does not conform with the plan. We modify the trial court's decree and affirm it as modified.2
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