Home/Court of Appeals of Oregon/Fifth Avenue Corp. v. Washington County

Fifth Avenue Corp. v. Washington County

560 P.2d 656, 28 Or. App. 485
CourtCourt of Appeals of Oregon
DecidedFebruary 14, 1977
Docket35-107, CA 5444; 35-107, CA 5444
StatusPublished
Cited by4 cases

This text of 560 P.2d 656 (Fifth Avenue Corp. v. Washington County) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fifth Avenue Corp. v. Washington County, 560 P.2d 656, 28 Or. App. 485 (Or. Ct. App. 1977).

Opinions

[487]*487SCHWAB, C. J.

Plaintiff’s amended complaint contained two separate causes of suit seeking decrees declaring the comprehensive plan and the relevant zoning ordinance of Washington County invalid, and two separate causes of action for inverse condemnation.1 Plaintiff appeals from adverse rulings as to each of these matters.

Plaintiff has owned a parcel of approximately 20 acres in Washington County since the mid-1960s. When plaintiff purchased this land it was zoned C-2 (general commercial). Plaintiff desires to construct a district shopping center on the site.2 The county zoning ordinance in effect at the time of purchase permitted district shopping centers in C-2 zones.

On November 6, 1973, the Board of County Commissioners adopted a zoning ordinance which extensively revised the county zoning. One of the changes was that all land in the county which had been zoned C-2 was rezoned B-4 (general extensive commercial). District shopping centers are not permitted in B-4 zones. On November 27, 1973, the Board adopted a new comprehensive plan for the county. The plan superseded a plan which apparently would have permitted a district shopping center on plaintiff’s land.3 However, in the new plan, much of the 20 acres in question is designated medium density residential, some of it "neighborhood commercial,” and approximately four acres are designated a "greenway area” and transit station. On October 14, 1974, plaintiff applied for a permit to build a district shopping center [488]*488on the 20-acre site. After the application was denied, these proceedings were initiated.

I

At trial plaintiff contended that the zoning ordinance is invalid because the county failed to comply with the notice requirement contained in ORS 215.223(1). The same contention is made on appeal. ORS 215.223(1) states that no zoning ordinance enacted by a county will have legal effect "* * * unless prior to its enactment * * * 10 days’ advance public notice of each hearing [on the ordinance] is published in a newspaper of general circulation in the county * * *.” Plaintiff concedes this was done, but argues that the content of the notice was inadequate under the guidelines enunciated in Clackamas County v. Emmert, 14 Or App 493, 513 P2d 532 (1973). The trial court did not agree, and neither do we.

Emmert is similar to the present case in that the content of a notice of hearing was challenged as legally insufficient. Emmert holds that ORS 215.223(1) is satisfied if notice reasonably apprises interested parties of the contemplated action and reasonably identifies the property involved and the time and place of the hearing. 14 Or App at 498. In this case, the notice read as follows:

"NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Board of County Commissioners of Washington County on June 26,1973 at 7:30 p.m. P.D.T. in Room 402 of the Administration Building of Washington County Courthouse Complex at 150 North 3rd St., Hillsboro, Oregon.
The hearing will concern the following portions of the proposed Revised Article II of the Washington County Community Development Ordinance relating to Zoning (Case #73-142-M).

[489]*489 1lituH53KhhJfhaNzmtsKmaneSrSF

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Related

Fifth Avenue Corp. v. WASHINGTON COUNTY, ETC.
581 P.2d 50 (Oregon Supreme Court, 1978)
Webber v. Skoko
432 F. Supp. 810 (D. Oregon, 1977)
Earle v. McCarthy
560 P.2d 665 (Court of Appeals of Oregon, 1977)
Fifth Avenue Corp. v. Washington County
560 P.2d 656 (Court of Appeals of Oregon, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
560 P.2d 656, 28 Or. App. 485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fifth-avenue-corp-v-washington-county-orctapp-1977.