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Parelius v. City of Lake Oswego

539 P.2d 1123, 22 Or. App. 429, 1975 Ore. App. LEXIS 1252
CourtCourt of Appeals of Oregon
DecidedSeptember 10, 1975
Docket86232
StatusPublished
Cited by11 cases

This text of 539 P.2d 1123 (Parelius v. City of Lake Oswego) 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
Parelius v. City of Lake Oswego, 539 P.2d 1123, 22 Or. App. 429, 1975 Ore. App. LEXIS 1252 (Or. Ct. App. 1975).

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 *430 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.

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Bluebook (online)
539 P.2d 1123, 22 Or. App. 429, 1975 Ore. App. LEXIS 1252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parelius-v-city-of-lake-oswego-orctapp-1975.