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WENDLICK v. CITY COUNCIL OF GEARHART

CC 81-318; CA A23990.

670 P.2d 176 (1983)

65 Or.App. 51

Donald WENDLICK and Barbara Wendlick, Husband and Wife, Appellants, v. CITY COUNCIL OF GEARHART, Oregon, the Council Members Being: Mayor Leo Sayles, Councilman Buel Ward, Councilman Kent Smith, Councilman Jerry Lund, Councilman Malcolm Shaw, Respondents.

Court of Appeals of Oregon.

Decided October 12, 1983.

Reconsideration Denied November 25, 1983.

Attorney(s) appearing for the Case

Donald C. Walker, Portland, argued the cause and filed the briefs for appellants.

Thomas E. Sweeney, Cannon Beach, argued the cause for respondents. With him on the brief was Sweeney & Casterline, Cannon Beach.

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

BUTTLER, Presiding Judge.

Petitioners appeal from the circuit court's order quashing a writ of mandamus by which they sought to compel the City of Gearhart to issue a residential building permit. We hold that petitioners did not complete the necessary procedure to entitle them to a permit and affirm.

Petitioners are the owners of two adjoining lots, which comprise a total of 10,000 square feet, in the City of Gearhart. They acquired the lots in 1980 from Donald...

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