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EASTGATE THEATRE v. BD. OF CTY. COM'RS, ETC.

No. 36-379; CA 7303.

588 P.2d 640 (1978)

37 Or.App. 745

EASTGATE THEATRE, Inc., an Oregon Corporation, and Tom Moyer, Appellants, v. THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, Oregon, Composed of Virginia Dagg, Ray Miller, Richard Heisler, Allan Paterson, and Mike Shepherd, Respondents, and Robert Mickels and Any Other Landowner Represented by Rodney Adams, Intervenors-Respondents.

Court of Appeals of Oregon.

Decided December 26, 1978.

Attorney(s) appearing for the Case

John L. Schwabe and Donald Joe Willis, Portland, argued the cause for appellants. With them on the briefs were Ridgway K. Foley, Jr., and Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

Lawrence R. Derr, County Counsel, Hillsboro, argued the cause and filed the brief for respondents.

No appearance for intervenors-respondents.

Before SCHWAB, C.J., and TANZER and GILLETTE, JJ.

TANZER, Judge.

Petitioner in this writ of review proceeding appeals from an order of the trial court affirming the action of the Board of County Commissioners (Board) which denied petitioner's request for a change in the comprehensive plan map. Due to circumstances described below, the Board's denial of petitioner's application was accomplished without issuance of an order, findings or conclusions. We reverse and remand to the Board for entry of a proper order.

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