STATE EX REL. FRALEY v. DESCHUTES COUNTY

96-CV-0233-AB; CA A95007.

948 P.2d 1249 (1997)

151 Or. App. 201

STATE of Oregon ex rel. James FRALEY, Appellant-Cross-Respondent, v. DESCHUTES COUNTY BOARD OF COMMISSIONERS, Nancy Pope Schlangen, Linda Swearingen, Robert Nipper, and Deschutes County, Respondents-Cross-Appellants.

Court of Appeals of Oregon.

Decided November 19, 1997.


Attorney(s) appearing for the Case

Lawrence W. Erwin argued the cause and filed the briefs for appellant—cross-respondent.

Bruce W. White, Deschutes County Legal Counsel, argued the cause and filed the briefs for respondents—crossappellants.

Before DEITS, C.J., and De MUNIZ and HASELTON, JJ.


DEITS, Chief Judge.

Plaintiff-relator Fraley (plaintiff) brought this mandamus action pursuant to ORS 215.428(7) seeking to compel defendants, the Deschutes County governing body and its members, to issue a declaratory land use decision holding that he has a nonconforming use that allows him to continue operating a truck repair business. The trial court denied plaintiff's request. Plaintiff appeals and defendants filed a cross-appeal that, more accurately characterized...

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