Legal Opinion

John v. Yachats Planning Commission

Court of Appeals of Oregon

Decided November 29, 1995No. 943070; CA A86763PublishedCited by 4 opinions

1Opinion of the CourtDeits, P. J.

After the City of Yachats Planning Commission granted Forrester’s and Griffin’s (defendants) application for a building permit to construct a single-family dwelling, plaintiffs brought this action to enjoin the construction. The trial court reached the merits of the controversy and ruled in favor of defendants. Some of plaintiffs appeal. We hold that the court lacked jurisdiction and remand with instructions to dismiss the action.

In 1978, the city enacted a zoning ordinance that contained a “grandfather” clause allowing construction of dwellings of the kind in question here on existing lots…

2Cases cited2 opinions

  1. Clackamas County v. MarsonCourt of Appeals of Oregon · 1994
  2. Mills v. City of YachatsCourt of Appeals of Oregon · 1995

3Cited by4 opinions

  1. Tirumali v. City of PortlandCourt of Appeals of Oregon · 2000
  2. In re the Marriage of ChesterCourt of Appeals of Oregon · 2001
  3. Hardtla v. City of Cannon BeachCourt of Appeals of Oregon · 2002
  4. Vossen v. ForresterCourt of Appeals of Oregon · 1998

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