Marggi v. Ruecker

The main conclusion reached in the majority opinion is that whenever any proceeding to change a comprehensive plan affects a single parcel of real property, as distinguished from numerous parcels, a judicial-type administrative hearing is required'.

It is my view that the majority has erred in accepting petitioners’ argument that Fasano v. Washington Co. Comm., 264 Or 574, 507 P2d 23 (1973), requires this. I believe that the holding of the majority represents a misapplication of Fasano for two reasons:

In the first place a proceeding to change a comprehensive plan of a city or county is not…