Legal Opinion

Hill v. MARION COUNTY BOARD OF COMMISSIONERS

Court of Appeals of Oregon

Decided February 20, 1973PublishedCited by 7 opinions

1Opinion of the CourtLangtry, J.

This is a land use case. Plaintiffs have appealed from á circuit court order sustaining action of the Marion County Board of Commissioners and the Marion County Planning Commission which allowed a variance under the Marion County Uniform Zone Code pertaining to a particular piece of property in an RA (residential agricultural) zone.

The fundamental question is whether a variance could be validly granted in such a zone to allow a home-school for about 30 mentally retarded, educable children.

Sally Gearhart sought to establish such a home-school in a rural setting where animals could be kept and…

2Cases cited4 opinions

  1. Taxpayers' Ass'n of South East Oceanside v. Board of Zoning Appeals of the HempsteadNew York Court of Appeals · 1950
  2. Archdiocese of Portland v. County of WashingtonOregon Supreme Court · 1969
  3. Erickson v. City of PortlandCourt of Appeals of Oregon · 1972
  4. Bissell v. Board of County CommissionersCourt of Appeals of Oregon · 1973

3Cited by7 opinions

  1. Bienz v. City of DaytonCourt of Appeals of Oregon · 1977
  2. Anderson v. PedenOregon Supreme Court · 1978
  3. Inn, Home for Boys v. CITY COUNCIL, CITY OF PORTLANDCourt of Appeals of Oregon · 1974
  4. Lovell v. Planning Commission of City of IndependenceCourt of Appeals of Oregon · 1978
  5. Anderson v. PedenOregon Supreme Court · 1978

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