Frankland v. City of Lake Oswego

This appeal is from a decree which dismissed with prejudice the plaintiffs’ suit for declaratory judgment, injunction, and, alternatively, damages. The motion to dismiss came at the conclusion of plaintiffs’ case. Defendants sought to reserve the right to put on a case and there was a colloquy between court and counsel on this subject, but no decision.

Evidence or stipulations show all of the plaintiffs are property owners — principally home owners — who assert their rights under zoning ordinances were infringed by the concerted action of the defendants in bringing about a change in the…