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Seawright v. Nelson

July 30, 1973

SEAWRIGHT, RESPONDENT,
v.
NELSON ET AL, APPELLANTS



Appeal from Circuit Court, Columbia County. Donald L. Kalberer, Judge. No. 19963.

Robert A. Lucas, District Attorney, St. Helens, argued the cause and filed the brief for appellants.

Robert P. Van Natta, St. Helens, argued the cause and filed the brief for respondent.

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

Schwab

In this writ of review proceeding plaintiff challenges the denial of his application for a temporary permit to use his property in a manner not in compliance with applicable zoning ordinances. The trial court remanded the matter to the defendants, the county commissioners, for further proceedings. Defendants appeal from that remand order.

In September 1970 an interim ordinance zoned the property in question Rural-Suburban Residential (R-S). In October 1971 plaintiff purchased property in the area zoned R-S and opened a real estate office, converting a house to an office. Plaintiff's operation of the real estate office is not a permitted or conditional use in the R-S zone.

After unsuccessful efforts to obtain a zone change, plaintiff applied for a temporary permit to continue operation of his real estate office. The application was based on Sections 14.010 to 14.040 -- specifically Section 14.025 -- of the Columbia County Interim Zoning Ordinance, which provide:

"Section 14.010. Notwithstanding the limitations of use as established by this ordinance in each of the several districts, the Board of Adjustment may issue temporary permits, valid for a period of not more than three (3) years, subject to an annual review, after issuance, for structures, or uses which are of a temporary nature, such as:

"Section 14.020. Storage of equipment during the building of roads or developments.

"Section 14.021. Real estate office used for the sale of lots or housing in subdivisions.

"Section 14.022. Temporary storage of structures or equipment, including boats and trailers.

"Section 14.023. Sheds used in conjunction with the ...


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