FORMAN v. CLATSOP COUNTY

No. CC-82-156; CA A24527.

665 P.2d 365 (1983)

63 Or.App. 617

Ronald A. FORMAN and Julie A. Forman, Appellants, v. CLATSOP COUNTY, a Political Subdivision of the State of Oregon; Sports Acres, Inc., an Oregon Corporation; Milton O. Brown and Raymond Kittleson, Respondents.

Court of Appeals of Oregon, In Banc.

Resubmitted February 9, 1983.

Decided June 22, 1983.


Attorney(s) appearing for the Case

Nicholas D. Zafiratos, Astoria, argued the cause for appellants. With him on the briefs was Zafiratos & Roman, Astoria.

Timothy V. Ramis, Portland, argued the cause for respondents Sports Acres, Inc., Milton O. Brown and Raymond Kittleson. With him on the brief was O'Donnell, Sullivan & Ramis, Portland.

No appearance for respondent Clatsop County.


Resubmitted In Banc February 9, 1983.

WARREN, Judge.

Plaintiffs filed an action in circuit court for a declaratory judgment, seeking to overturn the decision of Clatsop County (County) that Sports Acres, Inc., Milton Brown, and Raymond Kittleson (defendants) had a vested right to continue a nonconforming use. The trial court granted defendants' motion to dismiss on the ground that it lacked jurisdiction to hear the complaint, because the Land Use Board of...

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