South of Sunnyside Neighborhood League v. Board of Commissioners

Court of Appeals of Oregon
South of Sunnyside Neighborhood League v. Board of Commissioners, 28 Or. App. 281 (1977)
559 P.2d 512; 1977 Ore. App. LEXIS 2617
Fort, Schwab, Thornton

South of Sunnyside Neighborhood League v. Board of Commissioners

Opinion of the Court

SCHWAB, C. J.

On petition for reconsideration petitioners state that the court was in error in stating:

"In this case plaintiffs were apparently allowed to submit to the board written rebuttal- or cross-examination-type questions if they so desired. Evidently, the questions could be responded to or ignored as the board members pleased. However, at the least the plaintiffs were given an opportunity to draw the board’s attention to their objections * * 27 Or App at 663-64.

They are correct. This right was extended by the planning commission at the hearing before it, but not by the board of commissioners, which restricted the parties to the presentation of direct and rebuttal evidence only. The right which was extended was sufficient to meet the minimum requirements of procedural due process. 3 R. Anderson, American Law of Zoning § 16.33 at 226 (1968).

Petition for reconsideration denied.

Reference

Full Case Name
SOUTH OF SUNNYSIDE NEIGHBORHOOD LEAGUE, OREGON ENVIRONMENTAL COUNCIL v. BOARD OF COMMISSIONERS OF CLACKAMAS COUNTY
Cited By
2 cases
Status
Published