Earle v. McCarthy

The Marion County Board of Commissioners granted defendant a conditional use permit for the construction of a hop warehouse. Plaintiffs, the owners of land near the proposed site of the warehouse, thereafter petitioned the circuit court for a writ of review contending that the Board’s action was predicated upon an improper construction of the applicable law and that it was not supported by substantial evidence. The circuit court upheld the Board’s action by denying the writ of review. Plaintiffs appeal.

S. S. Steiner, Inc., (hereinafter "permittee”) presently operates the Larmer Warehouse in…