Damascus Community Church v. Clackamas County

In 1967, the defendant county issued a conditional use permit to the plaintiff in this declaratory judgment proceeding, authorizing plaintiff to construct and operate a church in an RA-1 (Rural (Agricultural) Single Family Residential) zone. In 1975, the county became aware that plaintiff was operating a full-time parochial school on the church premises. The county planning director notified plaintiff that the school operation was a violation of the Clackamas County zoning ordinance and demanded that the school use be discontinued. Thereafter, plaintiff applied for a conditional use permit to operate the school, and the application was denied by the county. The countys denial was affirmed by the circuit court and by this court. Damascus Comm. Church v. Clackamas Co., 32 Or App 3, 573 P2d 726, rev den 283 Or 99 (1978).