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BELL v. KLAMATH COUNTY

84-362CV; 84-363CV; CA A34911 (Control), CA A34912 (Cases Consolidated).

711 P.2d 209 (1985)

77 Or.App. 131

James F. BELL, Jr. and Lois E. Bell, Jr., Appellants, v. KLAMATH COUNTY, Oregon, Don Gourley and Roy Huberd, Respondents. George R. Burke and Laura A. Burke, Appellants, v. Klamath County, Oregon, Don Gourley and Roy Huberd, Respondents.

Court of Appeals of Oregon.

Decided December 26, 1985.

Attorney(s) appearing for the Case

G. Philip Arnold, Ashland, argued the cause and filed the briefs for appellants.

Robert Trotman, Klamath Falls, argued the cause for respondents. With him on the brief was Giacomini, Jones & Associates, Klamath Falls.

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

WARREN, Judge.

Plaintiffs1 applied for a building permit to build on their Klamath County land. Defendant Huberd, Klamath County Planning Director, wrote to plaintiffs to inform them that "no building permits can be issued" for their property or several other lots indicated on an enclosed map. Plaintiffs sued Klamath County, Huberd and the Klamath County Building Inspector to recover damages caused by defendants' allegedly arbitrary and...

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