City of Lake Oswego v. Grimm's Fuel Co.

This is a land-use case involving a nonconforming use. Plaintiff City of Lake Oswego (the City) appeals from an order of the trial court granting defendants’ motion for summary judgment. We affirm.

Affidavits filed in support of and in opposition to the motion reveal the following uncontradicted facts. Defendants are the owners of an oval-shaped piece of real property which consists primarily of an abandoned rock quarry. In 1947, the City adopted a zoning ordiance which designated the center of a road running east-west as the north-south zoning boundary line between a commercial use district…