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WEBBER v. COUNTY OF CLACKAMAS

No. 77-11-319; CA 11947.

600 P.2d 448 (1979)

42 Or.App. 151

John C. WEBBER and Mildred Webber, Husband and Wife, Respondents, v. COUNTY OF CLACKAMAS, Clackamas County Commissioners, Stan Skoko, Robert Schumacher, and Ralph Groener, Clackamas County Planning Commission, and Dan Baer, Chairman, Clackamas County Planning Commission, and John McIntyre, Director, Environmental Services, Appellants.

Court of Appeals of Oregon.

Decided September 17, 1979.

Attorney(s) appearing for the Case

Michael E. Judd, Oregon City, argued the cause for appellants. With him on the briefs was Keith Kinsman, Clackamas County Counsel, Oregon City.

Earl H. Mickelsen, Portland, argued the cause and filed the brief for respondents.

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

TANZER, Judge.

Plaintiffs initiated this declaratory judgment proceeding to obtain a declaration that they have established a nonconforming use giving them a vested right to develop their land at a density prohibited by the present Clackamas County Comprehensive Plan. The trial court found that plaintiffs had established the nonconforming use, and defendants appeal. We review de novo1 and reverse.

Plaintiffs own approximately 127...

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