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Washington County v. Manifold Business and Investments Inc.

May 21, 1973

WASHINGTON COUNTY, RESPONDENT,
v.
MANIFOLD BUSINESS AND INVESTMENTS, INC. ET AL, APPELLANTS



Appeal from Circuit Court, Washington County. Hollie M. Pihl, Judge.

Reuben Lenske, Portland, argued the cause and filed the briefs for appellants.

W. Louis Larson, Assistant County Counsel, Hillsboro, argued the cause for respondent. With him on the brief was Edward J. Sullivan, County Counsel, Hillsboro.

Schwab, Chief Judge, and Foley and Thornton, Judges.

Per Curiam

Washington County brought an action in equity for abatement of a nuisance, seeking an injunction pursuant to ORS 215.180*fn1 and 215.185.*fn2

The complaint alleged that defendants owned real property in Washington County; that the property was zoned residential (R-10); and that the property was being utilized as a multiple family dwelling in violation of Sections 602, 613 and 2500 of the zoning

code of Washington County, which allowed only single family dwellings in an R-10 zone. Testimony at trial indicated that the house in question had a small but complete living unit with kitchen and separate meter for electricity, separated from the larger part of the house by a carport. The main portion of the house had its own kitchen.

After trial, the circuit judge entered a decree that:

"* * *

"* * * Defendants, their heirs and assigns are now and henceforth forever restrained from the use, rental or lease or both, of the premises located at:

"* * * [legal description]

as a dwelling for more than one family or as a duplex or two family dwelling or any such use as defined by the Zoning Ordinance of Washington County, duly enacted August 19, 1959, August 15, 1962 and as amended so ...


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