Fasano v. Bd. of Cnty. Comm'rs
Oregon Supreme Court
507 P.2d 23 (Or. 1973)
The Washington County Board of County Commissioners (defendant) approved a change in zoning ordinances to allow a mobile home park to be constructed in an area previously restricted to single‑family homes. The Board stated that the change was necessary to meet the needs of an increasingly urbanized county for different types of housing, but made no specific findings on the issue. Several homeowners (plaintiffs) brought suit to reverse the zone change. The trial court reversed the zone change, holding that the Board had not met its burden of showing that there was a change in the character of the neighborhood justifying a zone change. The Board appealed, arguing that its zone change was presumptively valid and that the homeowners had not met their burden of showing that the change was arbitrary.
Rule of Law
Holding and Reasoning (Howell, J.)
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