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CITY OF PORTLAND v. CARRIAGE INN

A8006-03622; CA A25873.

676 P.2d 943 (1984)

67 Or.App. 44

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.

Submitted on Remand December 20, 1983.

Decided February 22, 1984.

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.

Submitted on Remand From Supreme Court, December 20, 1983.

BUTTLER, Presiding Judge.

This action was brought to enjoin defendants' use of an apartment building for "transient occupancy," claiming that such use violates the Portland Planning and Zoning Code. The trial court granted defendants' motion to dismiss the amended complaint for failure to state ultimate facts sufficient to constitute a claim for relief. Plaintiff appealed. We dismissed the appeal for...

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