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AYRES v. CITY COUNCIL OF CANNON BEACH

572 P.2d 664 (1977)

31 Or.App. 1337

J. Thomas AYRES, William S. Worcester, Gavin Young, Charles L. McLaughlin, Barbara Brockway, and Victor L. Stamm, Commissioners of the Planning Commission of the City of Cannon Beach, Corinne Phrall Burns, John Emrick, Jane Emrick, Margot Fraser, Betty M. Glarum, L. Stanley Glarum, Maurice O. Georges, William A. Gittlesohn, Shirley G. Gittlesohn, Lucille Houston, Ann G. Kafoury, David Kafoury, Robert W. McConnell, Rachael McConnell, Mary L. Padovan, Marian E. Pattullo, David Phillips, Janet Rekate, John Yeon, Oregon Land Use Project, Inc., Doing Business As 1000 Friends of Oregon, Appellants, v. CITY COUNCIL OF CANNON BEACH, Oregon, Bruce M. Haskell, Francis Nevan, Lee M. Crowell, Robert G. Nannetti, John Ward, City Council Members, Alma Haralampus, City Recorder, Respondents, W.C. Bauman Co., Inc., Robert G. Bauman and W.C. Bauman, Opposite Parties-Respondents.

Court of Appeals of Oregon.

Decided December 27, 1977.

Attorney(s) appearing for the Case

Richard P. Benner, Portland, argued the cause and filed the briefs for appellants.

No appearance for respondents City Council of Cannon Beach, Oregon, Bruce M. Haskell, Francis Nevan, Lee M. Crowell, Robert G. Nannetti, John Ward, City Council Members, Alma Haralampus, City Recorder.

James H. Clarke, Portland, argued the cause for opposite parties-respondents W.C. Bauman Co., Inc., Robert G. Bauman and W.C. Bauman. With him on the brief were George L. Kirklin, Vawter Parker and Dezendorf, Spears, Lubersky & Campbell, Portland.

Before THORNTON, P.J., and TANZER and BUTTLER, JJ.

BUTTLER, Judge.

Petitioners appeal from an order quashing their petition for writ of review on the ground that it failed to allege sufficient facts to support their sole contention that respondent City Council exceeded its jurisdiction when it undertook to review a determination made by its Planning Commission. Petitioners do not seek review of any order or decision made by the City Council; they seek, rather, a determination...

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