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PENGILLY v. MULTNOMAH COUNTY

Civ. No. 92-207-RE.

810 F.Supp. 1111 (1992)

Mark PENGILLY and Susan Lynn, Plaintiffs, v. MULTNOMAH COUNTY, Defendant.

United States District Court, D. Oregon.

December 18, 1992.

Attorney(s) appearing for the Case

Mark E. Pengilly, Portland, OR, for plaintiffs.

Laurence Kressel, County Counsel, Peter Livingston, Asst. County Counsel, Portland, OR, for defendant.

OPINION

REDDEN, Chief Judge:

Plaintiffs challenge the constitutionality of a condition defendant has placed on issuance of a building permit. The parties cross-move for summary judgment. For the reasons which follow, defendant's motion is granted and plaintiffs' motion is denied.

BACKGROUND

Plaintiffs own land on N.W. McNamee Road in Multnomah County, Oregon. McNamee Road runs through an area...

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