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Fasano v. Board of County Commissioners

Supreme Court of Oregon
507 P.2d 23 (1973)


Facts

The Board of County Commissioners of Washington County (the Board) (defendant) and A.G.S. Development Company (A.G.S.) (defendant) applied to have 32 acres of land, which were owned by A.G.S. and zoned as single-family residential (R-7), re-zoned as planned residential (P-R). The land had been designated as residential in the comprehensive plan of development (the Plan) for the County of Washington and zoned as R-7 in 1959. The change from R-7 to P-R would allow for the construction of a mobile-home park on the land. The Board argued that the change allowed for different types of housing to meet the needs of urbanization. Louis Fasano and other homeowners (plaintiffs) in Washington County challenged the rezoning and obtained a writ of review of the action. The trial court found in favor of the plaintiffs, and the court of appeals affirmed. The defendants appealed.

Rule of Law

Issue

Holding and Reasoning (Howell, J.)

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