Medford Assembly of God v. City of Medford

Petitioner has operated a church at the same location in the city of Medford since 1952. In 1973, the city approved petitioner’s request to change the zone of the property to R-4. The church use is permitted in that zone. In 1979, petitioner began operating a three-grade primary elementary school on the church premises. The school is a conditional use in the zone. Petitioner has not attempted to obtain a conditional use permit. After a city enforcement officer notified petitioner that a conditional use permit was required for the school, petitioner sought a declaratory interpretation of the…