Bergford v. Clackamas County

The defendant 'Transport Service, an Oregon corporation, operates a tank truck service as a prior nonconforming use as permitted by OBS 215.130 (5), ① and the Clackamas County Zoning Ordinance, Section 10.11. ② On August 17, 1970, the defendant filed an application for an expansion of its nonconforming use under Section 10.53 of the zoning ordinance:

“Upon application the [planning commission] may allow the extension or enlargement of a nonconforming use or building.”

The application was denied by the planning commission on January 25,1971, with a statement that the request was “'improperly…