PARELIUS v. LAKE OSWEGO, 22 Or. App. 429 (1975)

539 P.2d 1123

PARELIUS ET AL, Appellants, v. CITY OF LAKE OSWEGO ET AL, Respondents.

No. 86232Oregon Court of Appeals.Argued July 24, 1975
Judgment vacated; appeal dismissed September 10, 1975

Appeal from Circuit Court, Clackamas County.

P. K. HAMMOND, Judge.

Louis J. Fasano, Portland, argued the cause for appellants. With him on the briefs were Lovett, Stiner Fasano, P.C., Portland.

James A. Cox, Lake Oswego, argued the cause and filed the brief for respondents.

Before SCHWAB, Chief Judge, and THORNTON and LEE, Judges.

JUDGMENT VACATED; APPEAL DISMISSED.

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 permissible

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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 P.2d 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.

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