CLACKAMAS COUNTY v. GAY

91-11-217; CA A79263.

890 P.2d 444 (1995)

133 Or.App. 131

CLACKAMAS COUNTY, a political subdivision of the State of Oregon, Respondent, and Jim Gidley, Ernest A. Kunze, Gary Linn and Thor Aronson, Intervenors-Respondents—Cross-Appellants, v. Cynthia R. GAY and Western Parachute Sales, Inc., an Oregon corporation, Appellants—Cross-Respondents.

Court of Appeals of Oregon.

Decided February 22, 1995.

Review Denied May 16, 1995.


Attorney(s) appearing for the Case

Lawrence R. Derr, Portland, argued the cause for appellants—cross-respondents. With him on the briefs was Josselson, Potter & Roberts.

Michael E. Judd, Chief Asst. County Counsel, argued the cause for respondent. With him on the brief was Clackamas County Counsel.

Edward J. Sullivan, Portland, argued the cause for intervenors-respondents—cross-appellants. With him on the brief was Preston Thorgrimson Shidler Gates & Ellis.

Before DEITS, P.J., and RIGGS and HASELTON, JJ.


DEITS, Presiding Judge.

Plaintiff Clackamas County and intervenors Gidley, Kunze and Linn1 brought this action under ORS 215.185, seeking to enjoin defendants from continuing commercial airport and parachuting operations in violation of county zoning regulations. Defendants interposed a number of defenses, the principal one being that their predecessors in title had established a nonconforming airport use before restrictive zoning was...

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