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FEITELSON v. CITY OF SALEM

No. 108,891; CA 15390.

613 P.2d 489 (1980)

46 Or.App. 815

Ira S. FEITELSON, Appellant, v. The CITY OF SALEM and Its Common Council Consisting of Kent L. Aldrich, Mayor, and Council Members Chuck Taaffe, Edwin J. Stillings, John R. McCulloch, Jr., Dewey A. Rand, Jr., Peter C. Courtney, Ellen C. Lowe, Wally Bonesteele and Ellen A. Schneider, Respondents.

Court of Appeals of Oregon.

Decided June 30, 1980.

Attorney(s) appearing for the Case

M. Chapin Milbank, Salem, argued the cause for appellant. With him on the brief was Schlegel, Milbank, Wheeler, Jarman & Hilgemann, Salem.

William G. Blair, Asst. City Atty., argued the cause for respondents. With him on the brief was William J. Juza, City Atty., Salem.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

GILLETTE, Presiding Judge.

This writ of review proceeding challenges a conditional use permit issued by the Common Council of the City of Salem to Robert and Mable Nicklaus. The plaintiff, who owns property near that of the Nicklaus', appeals from a circuit court judgment upholding the council's action. We reverse.

The facts are relatively simple and are not in dispute. The appellant is the owner of a parcel of land...

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