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CLACKAMAS COUNTY v. GAY

91-11-217; CA A92660.

934 P.2d 551 (1997)

146 Or. App. 706

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

Court of Appeals of Oregon.

Decided March 5, 1997.

Attorney(s) appearing for the Case

Lawrence R. Derr, Portland, argued the cause and filed the briefs for appellants.

Michael E. Judd, Oregon City, argued the cause and filed the brief for respondent Clackamas County.

Edward J. Sullivan argued the cause for intervenors-respondents Jim Gidley, Ernest A. Kunze and Gary Linn. With him on the brief were Jeffrey T. Lawrence and Preston Gates & Ellis, Portland.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

LEESON, Judge.

Plaintiff Clackamas County (county) brought this action to enjoin defendants from operating an airport and conducting a commercial skydiving business in an area of the county zoned for exclusive farm use. Intervenors,1 who are neighboring landowners, joined in the county's lawsuit. Defendants contended that their activities constituted a lawful nonconforming use. The trial court determined that defendants were correct only...

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