Murphy v. S. A. Hutchins & Associates Construction Co.

Plaintiffs filed this declaratory proceeding to determine whether defendant had violated a zoning ordinance of the city of Roseburg by collocating and connecting two single-family dwellings on a residential lot in Roseburg, Oregon. Plaintiffs reside near the defendant’s structure and sought an order to remove one of defendant’s homes. The trial court dismissed the complaint, finding that defendant’s structure was a satisfactory “two family dwelling” within the terms of the ordinance. Plaintiffs appeal, assigning as error the dismissal of their complaint.

It appeared at the hearing that…