State ex rel. Forman v. Clackamas County

This appeal, supplemental appeal, and cross-appeal arise from a mandamus proceeding pursuant to former ORS 215.428.1 Plaintiff-relator Leroy Forman sought a writ compelling Clackamas County to issue a conditional land use permit authorizing operation of a gravel mining pit in a residential farm/forest zone. Intervenor Lloyd Marbet, a neighbor, contested the issuance of the writ. The trial court purported to allow plaintiff-relator’s motion for “judgment as a matter oflaw”2 but, in doing so, specified certain conditions of approval that plaintiff-relator challenges. Thereafter, the court…