Parelius v. City of Lake Oswego

Court of Appeals of Oregon
Parelius v. City of Lake Oswego, 539 P.2d 1123 (1975)
22 Or. App. 429; 1975 Ore. App. LEXIS 1252
Schwab, Thornton, Lee

Parelius v. City of Lake Oswego

Opinion

SCHWAB, C. J.

This is a writ of review proceeding challenging on numerous grounds the action of the city council of Lake Oswego in downzoning (by reducing the permis *430 sible density) a 72.9-acre area containing, as near as we can tell from a sketchy record, at least 23 single family homes, a National Guard armory, a church, and several large tracts of undeveloped property with the various parcels, developed and undeveloped, in widely diverse ownership.

We do not reach the merits here. As pointed out in Culver v. Dagg, 20 Or App 647, 532 P2d 1127, Sup Ct review denied (1975), the rezoning of a substantial area made up of numerous separately owned parcels of property is a legislative and not a judicial matter and as such is not subject to judicial scrutiny in a writ of review proceeding. If the city’s action here is to be challenged, it must be done in some other form of proceeding.

Judgment vacated; appeal dismissed.

Reference

Full Case Name
PARELIUS Et Al, Appellants, v. CITY OF LAKE OSWEGO Et Al, Respondents
Cited By
11 cases
Status
Published