City of Astoria v. Nothwang

The City of Astoria, plaintiff below, appeals from a decree denying injunctive relief prayed for against Babe R. Nothwang, defendant, who placed a trailer house on a city lot in what the city contends was a violation of a municipal ordinance. The parties will be referred to in this opinion as the City and the Defendant.

There is substantial agreement on the facts. Defendant purchased, some time prior to October 13,1957, a city lot, and is now the owner thereof. There is no zoning ordinance in Astoria.

On August 21,1939, the City of Astoria adopted the following ordinance:

“ORDINANCE NO. G39-43

“In…