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CAMPBELL v. BD. OF COUNTY COMMISSIONERS

A8910-06371; CA A63424.

813 P.2d 1074 (1991)

107 Or.App. 611

Douglas CAMPBELL, N. Robert Stoll, Helen Stoll, Norman Stoll, William Naito, Richard Hutchison, Susan Hutchison, Benjamin Shoop, Elyse Shoop, Phillip Artz, William Able, Stevan Oswill, Brian McCabe, Barre Thomas, Marjorie Maletsky, Heidi Fox, Gerald Fox, Wendy Hamilton, David Hamilton, Robert Steward, Laura Walker, Ellen Everson, Richard Durrett, and Kenneth Underdahl, Appellants, v. THE BOARD OF COUNTY COMMISSIONERS OF MULTNOMAH COUNTY, Robert N. Magid and Judith K. Magid, Respondents.

Court of Appeals of Oregon.

Decided June 19, 1991.

Attorney(s) appearing for the Case

Paul R. Duden, Portland, argued the cause and filed the briefs for appellants. With him on the briefs was Tooze Shenker Holloway & Duden, Portland.

John L. DuBay, Chief Asst. County Counsel, Portland, argued the cause and filed the brief for respondent Board of Com'rs of Multnomah County.

Mark A. Turner, Portland, argued the cause for respondents Robert N. and Judith K. Magid. With him on the brief was Ater Wynne Hewitt Dodson & Skerritt, Portland.

Before BUTTLER, P.J., and EDMONDS and DE MUNIZ, JJ.

BUTTLER, Presiding Judge.

Plaintiffs brought this mandamus action, seeking to compel defendant county to deny defendants Magids' (applicants) pending application for a residential building permit. The trial court denied relief and dismissed the action. Plaintiffs appeal, and we affirm.

In 1984, applicants purchased a parcel of land consisting of four platted subdivision lots, each having an area of 5,000 square feet, on which there was a house that occupied...

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