Home/Oregon Supreme Court/South of Sunnyside Neighborhood League v. Board of Commissioners

South of Sunnyside Neighborhood League v. Board of Commissioners

569 P.2d 1063, 280 Or. 3, 1977 Ore. LEXIS 644
Oregon Supreme Court·Decided October 4, 1977·No. 91837, SC 25232·Published·Cited by 71 cases

Opinion

*5 DENECKE, C. J.

This is a writ of review proceeding in which petitioners have contended that the Clackamas County Board of Commissioners acted improperly in approving a proposed amendment to the county’s comprehensive plan. The amendment in question changes the designation of a 65-acre parcel on the plan map from "medium density planned residential” to "planned commercial.” The proponent of the change wants to develop an extensive shopping center and hotel complex on the tract in question together with an adjacent 50 acres which is already designated "planned commercial” on the map. The proposed development is referred to as the Clackamas Town Center and is shown on the map on the following page.

The trial court affirmed the Board’s order of amendment and the Court of Appeals affirmed. 27 Or App 647, 557 P2d 1375 (1976), reconsideration denied 28 Or App 281, 559 P2d 512 (1977). We granted review, primarily to consider the question of the standards applicable to single-tract comprehensive plan amendments.

Before proceeding to that question, however, we will decide some secondary issues raised by the petition for review.

Petitioners contend that the county Board of Commissioners did not have jurisdiction to consider the proposed amendment. This contention is based on the requirement, found in the amendment procedures contained in the plan itself, that planning commission recommendations on proposed plan amendments be concurred in by five members of the commission. Petitioners argue that one of the five votes cast in favor of this amendment by planning commission members could not be counted because one of the commissioners had not heard or had an opportunity to review a substantial portion of the evidence.

*6

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South of Sunnyside Neighborhood League v. Board of Commissioners, 569 P.2d 1063, 280 Or. 3, 1977 Ore. LEXIS 644 (Or. 1977).

569 P.2d 1063 (South of Sunnyside Neighborhood League v. Board of Commissioners) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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