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TIDES ASS'N v. CITY COUNCIL OF SEASIDE

CC-84-868; CA A44066.

759 P.2d 292 (1988)

92 Or.App. 446

TIDES ASSOCIATION OF UNIT OWNERS, an Unincorporated Association, David and Gail Shepherd; George and Violet Diamond; and Kathryn Owen, Respondents — Cross-Appellants, v. CITY COUNCIL OF the City of SEASIDE, Oregon, the Governing Body of a Municipal Corporation; James D. Hurd, City Building Official; and C.A. Taggart, a General Contractor, Dba C.A. Taggart, Appellants — Cross-Respondents.

Court of Appeals of Oregon.

Decided August 10, 1988.

Attorney(s) appearing for the Case

Jeffrey M. Batchelor, Portland, argued the cause for appellants — cross-respondents. With him on the briefs were Dan Van Thiel, Astoria, and Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland.

John C. Pinkstaff, Portland, argued the cause for respondents — cross-appellants. With him on the brief were Stephen F. Crew and O'Donnell, Ramis, Elliott & Crew, Portland.

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

WARREN, Judge.

Plaintiffs brought this action to enjoin the construction by defendants (city) of restroom facilities1 on an undeveloped beach area in the City of Seaside. Plaintiffs are property owners affected by the construction. The area is located west of the Promenade (Prom) in a portion of a dedicated plat known as Cartwright Park. After a hearing in 1984, the trial court denied plaintiffs' motion for a preliminary injunction but...

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