Opinion
No. 91837, CA 5784
On petitioner's petition for reconsideration filed January 12, 1977, former opinion filed December 13, 1976, 27 Or. App. 647, 557 P.2d 1375 (1976), petition for reconsideration denied January 31, 1977
Appeal from Circuit Court, Clackamas County, Dale Jacobs, Judge.
Gregory R. Mowe, Stephen T. Janik, Davies, Biggs, Strayer, Stoel Boley; and Lawrence Russell Lucas, Jr., Portland, for petition.
No appearance contra.
Before Schwab, Chief Judge, and Thornton, Judge, and Fort, Senior Judge.
Petition for reconsideration denied.
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.