Legal Opinion

Marggi v. Ruecker

Court of Appeals of Oregon

Decided March 31, 1975No. 33-367PublishedCited by 12 opinions

1Opinion of the CourtSchwab, C. J.

The question presented by this appeal is: Is an amendment of a comprehensive land use plan as it affects a single small parcel of property “judicial” as distinguished from “legislative” as those words are used in Fasano v. Washington Co. Comm., 264 Or 574, 507 P2d 23 (1973) Í As we interpret Fasano, such an amendment is judicial.

The city of Hillsboro owns a 5.29-acre tract of land which is currently used by the city as a park. Hillsboro’s comprehensive long-range land use plan designates the tract for use as a park. Hillsboro’s current zoning ordinance designates the tract as residential. The…

2Cases cited2 opinions

  1. Fasano v. Board of County Com'rs of Washington Cty.Oregon Supreme Court · 1973
  2. Culver v. DaggCourt of Appeals of Oregon · 1975

3Cited by12 opinions

  1. Fifth Avenue Corp. v. WASHINGTON COUNTY, ETC.Oregon Supreme Court · 1978
  2. Duddles v. City Council of West LinnCourt of Appeals of Oregon · 1975
  3. Neuberger v. City of PortlandOregon Supreme Court · 1979
  4. Tierney v. DurisCourt of Appeals of Oregon · 1975
  5. Auckland v. BOARD OF CTY. COM'RS OF MULTNOMAHCourt of Appeals of Oregon · 1975

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