Brooks v. Dierker

Defendants petition for reconsideration of our previous decision, contending that we erred in several particulars. "We have undertaken reconsideration of the case pursuant to Bule 9.15, Buies of Procedure of this court.

First, defendants challenge the conclusion in the opinion that plaintiff is entitled to have his rights determined pursuant to the 1970 ordinance, rather than the 1972 ordinance. Defendants criticize our reliance upon Morgan v. Morgan, 13 Or App 14, 507 *699P2d 409, Sup Ct review denied (1973), for this conclusion.

After reviewing this question in the light of defendants’ arguments…