RHINE v. CITY OF PORTLAND

92-106, 92-189; CA A78834.

852 P.2d 874 (1993)

120 Or. App. 308

Dale RHINE, Petitioner, v. CITY OF PORTLAND, Respondent.

Court of Appeals of Oregon.

Decided May 19, 1993.


Attorney(s) appearing for the Case

Jacob Tanzer, Portland, argued the cause for petitioner. With him on the brief was Ball, Janik & Novack, Portland.

Kathryn Beaumont Imperati, Sr., Deputy City Atty., Portland, argued the cause and filed the brief for respondent.

Before WARREN, P.J., and EDMONDS and LANDAU, JJ.


WARREN, Presiding Judge.

Petitioner seeks review of LUBA's affirmance of the City of Portland's (city) decision that petitioner's nonconforming use for the operation of a reprographics, blueprint and printing business had been discontinued for two years, beginning in May, 1987, and was therefore terminated under Portland City Code (PCC) 33.258.050.D.1 (ordinance):

"If the site of a nonconforming use is vacant for 2 continuous years, the nonconforming use...

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