Legal Opinion
State Ex Rel. Fraley v. Deschutes County Board of Commissioners
Court of Appeals of Oregon
Decided November 19, 1997No. 96-CV-0233-AB; CA A95007PublishedCited by 8 opinions
1Opinion of the CourtDeits, C. J.
Plaintiff-relator Fraley (plaintiff) brought this mandamus action pursuant to ORS 215.428(7) seeking to compel defendants, the Deschutes County governing body and its members, to issue a declaratory land use decision holding that he has a nonconforming use that allows him to continue operating a truck repair business. The trial court denied plaintiffs request. Plaintiff appeals and defendants filed a cross-appeal that, more accurately characterized, presents cross-assignments of error.
ORS 215.428(1) requires counties to take final action on permit applications within 120 days from the time…
2Cases cited9 opinions
- State v. PirtleWashington Supreme Court · 1995
- State ex rel. Compass Corp. v. City of Lake OswegoOregon Supreme Court · 1994
- Simon v. Board of County CommissionersCourt of Appeals of Oregon · 1988
- Murphy Citizens Advisory Committee v. Josephine CountyOregon Supreme Court · 1997
- Edney v. Columbia County Board of CommissionersCourt of Appeals of Oregon · 1993
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Lichau v. BaldwinCourt of Appeals of Oregon · 2000
- Seida v. City of Lincoln CityCourt of Appeals of Oregon · 1999
- State ex rel. Oregon Pipeline Co. v. Clatsop CountyCourt of Appeals of Oregon · 2012
- State ex rel. Coastal Management, Inc. v. Washington CountyCourt of Appeals of Oregon · 1999
- State ex rel. K. B. Recycling, Inc. v. Clackamas CountyCourt of Appeals of Oregon · 2000
3 more not listed; retrieve them via the Exa API.