Parelius v. City of Lake Oswego

539 P.2d 1123, 22 Or. App. 429, 1975 Ore. App. LEXIS 1252

Opinion

SCHWAB, C. J.

This is a writ of review proceeding challenging on numerous grounds the action of the city council of Lake Oswego in downzoning (by reducing the permis sible density) a 72.9-acre area containing, as near as we can tell from a sketchy record, at least 23 single family homes, a National Guard armory, a church, and several large tracts of undeveloped property with the various parcels, developed and undeveloped, in widely diverse ownership.

We do not reach the merits here. As pointed out in Culver v. Dagg, 20 Or App 647, 532 P2d 1127, Sup Ct review denied (1975), the rezoning of a substantial area made up of numerous separately owned parcels of property is a legislative and not a judicial matter and as such is not subject to judicial scrutiny in a writ of review proceeding. If the city’s action here is to be challenged, it must be done in some other form of proceeding.

Judgment vacated; appeal dismissed.