Marracci v. City of Scappoose

The defendant city denied plaintiffs request for a conditional-use permit to construct multiple-family housing. In this writ of review proceeding, the trial court reversed the city’s action and ordered that a conditional-use permit be issued.

Under the applicable zoning ordinance, plaintiff’s property can be used outright for single-family housing; multiple-family housing is a conditional use. The applicable comprehensive plan designates plaintiff’s property as "higher density residential.” The trial court reasoned that since the comprehensive plan contemplates the eventual intensity of…