Legal Opinion
Shanks v. Washington County
Court of Appeals of Oregon
Decided September 10, 1975No. 34-193PublishedCited by 5 opinions
1Opinion of the CourtSchwab, C. J.
By this writ of review proceeding, plaintiffs seek to challenge two decisions of the defendant county: (1) the rezoning of certain property owned by Herbert A. Stark; and (2) the granting of a conditional use permit to Mr. Stark. We are unable to reach the merits because of a jurisdictional defect, the fact that Mr. Stark was never served with any notice of this proceeding.
The county’s conditional-use decision was “quasi-judicial” under Fasano v. Washington Co. Comm., 264 Or 574, 507 P2d 23 (1973), and ORS 34.040 for purposes of review by way of writ of review proceedings. The county’s…
2Cases cited4 opinions
- Schroeder v. City of New YorkSupreme Court of the United States · 1962
- Fasano v. Board of County Com'rs of Washington Cty.Oregon Supreme Court · 1973
- Culver v. DaggCourt of Appeals of Oregon · 1975
- Northwest Environmental Defense Center v. City Council of PortlandCourt of Appeals of Oregon · 1975
3Cited by5 opinions
- Fifth Avenue Corp. v. WASHINGTON COUNTY, ETC.Oregon Supreme Court · 1978
- Rockway v. StefaniCourt of Appeals of Oregon · 1975
- Thompson v. BD. OF CTY. COM'RS OF COLUMBIACourt of Appeals of Oregon · 1977
- A & X, Inc. v. Common Council of EugeneCourt of Appeals of Oregon · 1979
- Kleikamp v. Board of Commissioners of Yamhill CountyCourt of Appeals of Oregon · 2019