They then applied for a building permit to construct a new house on the remaining 10,000 square feet of the property.īefore the county acted to approve or deny the permit, plaintiffs brought this action. In 1989, applicants sold the two platted lots on which the house is located. The subdivision was platted before the county adopted the zoning ordinance with that minimum lot size requirement, but the area requirement was in effect when applicants acquired the property.
The property is in a subdivision that is in a zone with a 20,000 square foot minimum lot size for residential development. In 1984, applicants purchased a parcel of land consisting of four platted subdivision lots, each having an area of 5,000 square feet, on which there was a house that occupied two of the lots.
#Grandfather clause law in oregon fot houses trial#
The trial court denied relief and dismissed the action. Plaintiffs brought this mandamus action, seeking to compel defendant county to deny defendants Magids' (applicants) pending application for a residential building permit. With him on the brief was Ater Wynne Hewitt Dodson & Skerritt, Portland.īefore BUTTLER, P.J., and EDMONDS and DE MUNIZ, JJ. Turner, Portland, argued the cause for respondents Robert N. County Counsel, Portland, argued the cause and filed the brief for respondent Board of Com'rs of Multnomah County. With him on the briefs was Tooze Shenker Holloway & Duden, Portland.
Duden, Portland, argued the cause and filed the briefs for appellants. THE BOARD OF COUNTY COMMISSIONERS OF MULTNOMAH COUNTY, Robert N. Robert Stoll, Helen Stoll, Norman Stoll, William Naito, Richard Hutchison, Susan Hutchison, Benjamin Shoop, Elyse Shoop, Phillip Artz, William Able, Stevan Oswill, Brian McCabe, Barre Thomas, Marjorie Maletsky, Heidi Fox, Gerald Fox, Wendy Hamilton, David Hamilton, Robert Steward, Laura Walker, Ellen Everson, Richard Durrett, and Kenneth Underdahl, Appellants,
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