# South of Sunnyside Neighborhood League v. Board of Commissioners

> Court of Appeals of Oregon · January 31, 1977 · 28 Or. App. 281

URL: https://www.frixlaw.com/law-library/cases/6923270

## Case

- **Full name:** SOUTH OF SUNNYSIDE NEIGHBORHOOD LEAGUE, OREGON ENVIRONMENTAL COUNCIL v. BOARD OF COMMISSIONERS OF CLACKAMAS COUNTY
- **Court:** Court of Appeals of Oregon
- **Decided:** January 31, 1977
- **Citations:** 28 Or. App. 281; 559 P.2d 512; 1977 Ore. App. LEXIS 2617
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Schwab
- **Judges:** Fort, Schwab, Thornton
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6923270

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6923270. Public record. Not legal advice.