Legal Opinion

Clackamas County v. Portland City Temple

Court of Appeals of Oregon

Decided June 18, 1973PublishedCited by 12 opinions

1Opinion of the CourtSchwab, C.J.

On October 31, 1969, Clackamas County adopted a zoning ordinance which classified defendants’ property as RA-1 (agricultural) single family residential district. Thereafter, the county sought an injunction restraining the defendants from using a portion of their property as an airport landing strip in violation of the ordinance.

Defendants contended that the property had been used as a landing strip prior to the adoption of the zoning ordinance; therefore, defendants had the right to continue that use as a nonconforming use.

The trial judge granted the injunction on the grounds that the prior…

2Cases cited5 opinions

  1. People v. MillerNew York Court of Appeals · 1952
  2. Clackamas County v. HolmesOregon Supreme Court · 1973
  3. Parks v. BOARD OF CTY. COM'RS OF TILLAMOOK CTY.Court of Appeals of Oregon · 1972
  4. Clackamas County v. HolmesCourt of Appeals of Oregon · 1972
  5. Washington County v. StarkCourt of Appeals of Oregon · 1972

3Cited by12 opinions

  1. Polk County v. MartinOregon Supreme Court · 1981
  2. County Commissioners of Carroll County v. ZentCourt of Special Appeals of Maryland · 1991
  3. Webber v. County of ClackamasCourt of Appeals of Oregon · 1979
  4. Tanis v. Township of HamptonNew Jersey Superior Court Appellate Division · 1997
  5. VanSpeybroeck v. Tillamook CountyCourt of Appeals of Oregon · 2008

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