CITY OF PORTLAND v. CARRIAGE INN

No. A8006-03622; CA A25873.

669 P.2d 1185 (1983)

64 Or.App. 751

CITY OF PORTLAND, a Municipal Corporation, Appellant, v. CARRIAGE INN, James W. Flad, John M. Molendyk, Gordon A. Caron, Learoi Shite, William M. Ofstad, Robert Petrix, Mary C. Bline, Paul Henry and Judy Alberton, Respondents.

Court of Appeals of Oregon.

Decided October 5, 1983.

Reconsideration Denied November 18, 1983.


Attorney(s) appearing for the Case

Paul C. Elsner, Portland, argued the cause and filed the briefs for appellant.

Rex Armstrong, Portland, argued the cause for respondents. With him on the brief were Leslie M. Roberts and Kell, Alterman & Runstein, Portland.

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


BUTTLER, Presiding Judge.

This action was brought to enjoin the use of an apartment building for "transient occupancy" as an alleged violation of the Portland Planning and Zoning Code. Defendants moved to dismiss the amended complaint for failure to state ultimate facts sufficient to constitute a claim for relief. The trial court granted that motion and on June 4, 1982, entered an order, the dispositive portion of which...

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