City of Mosier v. Hood River Sand, Gravel & Ready-Mix, Inc.

Defendant Hood River Sand, Gravel, and Ready-Mix, Inc. (HRSG), operates a quarry just outside the city limits of Mosier and accesses its quarry site by traveling over a haul road, part of which runs within city limits in an area zoned residential. Plaintiff, the City of Mosier (city), initiated a zoning enforcement action to enjoin HRSG from hauling sand and gravel over the haul road, claiming that such use violated the city’s zoning ordinance. The trial court agreed with the city, declaring that defendant’s use of the road was illegal under the zoning ordinance and issuing an injunction.…