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COPE v. CITY OF CANNON BEACH

LUBA 92-019, 92-020; CA A75091; SC S39657.

855 P.2d 1083 (1993)

317 Or. 339

Gene COPE, Harriet Cope, Colleen Donnelly, Robert Donnelly, Carlyn R. Draneas, John H. Draneas, Mary Gartshore, Peter Gartshore, Jack G. Kaady, Marsha LaFarge, Jack Stutzman, Sharon Stutzman, Betty Wilson, and Lloyd Wilson, Petitioners below, William G. Hay, Georgiana F. Hay, William J. Allred, and Hallmark Inns & Resorts, Inc., Petitioners on Review, v. CITY OF CANNON BEACH, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided August 5, 1993.

Attorney(s) appearing for the Case

Dean N. Alterman, of Kell, Alterman & Runstein, Portland, argued the cause and filed the petition for petitioners on review.

Timothy J. Sercombe, of Preston Thorgrimson Shidler Gates & Ellis, Portland, argued the cause for respondent on review. With him on the response were Edward J. Sullivan and Mark J. Greenfield.

GRABER, Justice.

The issue in this case is whether a municipal zoning ordinance took petitioners' property without just compensation, in violation of the Fifth and Fourteenth Amendments to the Constitution of the United States.1

Until November 5, 1987, the City of Cannon Beach (the city) prohibited the rental of dwelling units in certain residential zones within the city for less than...

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