
    Argued July 18,
    affirmed August 1,
    reconsideration denied September 8, 1977,
    petition for review pending .
    WERNER, Appellant, v. CITY OF TIGARD, Respondent.
    
    (No. 36-847, CA 8357)
    566 P2d 1226
    Argued and submitted July 18, 1977.
    Darrell E. Bewley, Portland, argued the cause for appellant. With him on the brief was Niedermeyer & Bewley, Portland.
    J. D. Bailey, Hillsboro, argued the cause for respondent. With him on the brief was Schwenn, Bradley & Batchelor, Hillsboro.
    Before Schwab, Chief Judge, and Tanzer and Johnson, Judges.
   PER CURIAM.

Affirmed. Schmidt v. Masters, 7 Or App 421, 490 P2d 1029 (1971), Sup Ct review denied (1972).  