Legal Opinion

Cope v. City of Cannon Beach

Oregon Supreme Court

Decided August 5, 1993No. LUBA 92-019, 92-020; CA A75091; SC S39657PublishedCited by 17 opinions

1Opinion of the Court

*341GRABER, J.

The issue in this case is whether a municipal zoning ordinance took petitioners’ property without just compensation, in violation of the Fifth and Fourteenth Amendments to the Constitution of the United States.1

Until November 5, 1987, the City of Cannon Beach (the city) prohibited the rental of dwelling units in certain residential zones within the city for less than 14 days. On November 5,1987, Cannon Beach Ordinance 87-12 went into effect, permitting each property owner to rent one residential property in the city for less than 30 days.

In 1992, the city adopted Ordinance 92-1, the…

2Cases cited11 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
  3. Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.Supreme Court of the United States · 1981
  4. Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
  5. Agins v. City of TiburonSupreme Court of the United States · 1980

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3Cited by17 opinions

  1. Vanderbeek v. Vernon Corp.Supreme Court of Colorado · 2002
  2. Advocates for Effective Regulation v. City of EugeneCourt of Appeals of Oregon · 1999
  3. Friends of Neabeack Hill v. City of PhilomathCourt of Appeals of Oregon · 1996
  4. Logixx Automation, Inc. v. Lawrence Michels Family TrustColorado Court of Appeals · 2002
  5. Friends of the Metolius v. Jefferson CountyCourt of Appeals of Oregon · 1993

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