Frankland v. City of Lake Oswego

Plaintiffs filed this action for a declaratory judgment seeking an injunction or, alternatively, an award of monetary damages as remedies for the construction of an apartment building by the defendant Dave Christensen, Inc. At the close of plaintiffs’ case, the trial court allowed defendants’ motion to dismiss. On appeal, the Court of Appeals reversed and remanded the case to the trial court, 8 Or App 224, 493 P2d 163 (1972). We granted review.

The plaintiffs, adjoining property owners, challenge the validity of the construction of the apartment building which was erected pursuant to a planned…