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STATE EX REL. CURRIER v. CLATSOP COUNTY

95-2024; CA A92017.

942 P.2d 847 (1997)

149 Or. App. 285

STATE ex rel. Allen CURRIER, Appellant—Cross-Respondent, v. CLATSOP COUNTY, a political subdivision of the State of Oregon, Respondent—Cross-Appellant, and Robert Foster, Respondent—Cross-Respondent.

Court of Appeals of Oregon.

Decided July 23, 1997.

Attorney(s) appearing for the Case

Michael C. Robinson, Portland, argued the cause and filed the briefs for appellant—cross-respondent.

Kenneth S. Eiler, Seaside, argued the cause and filed the briefs for respondent—cross-appellant.

No appearance by respondent-cross-respondent.

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

WARREN, Presiding Judge.

Relator brought this action under ORS 215.428(7), seeking a writ of mandamus to require defendant Clatsop County to approve relator's application for a proposed bed and breakfast on land overlooking Cannon Beach. The trial court granted summary judgment to the county on the grounds that relator was barred by laches because of delays in bringing the petition for the writ and that the proposed use violated the applicable county ordinance in...

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