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SUNBURST II HOMEOWNERS v. WEST LINN

LUBA 89-130; CA A63820.

790 P.2d 1213 (1990)

101 Or.App. 458

SUNBURST II HOMEOWNERS Association, Steven Breum and William J. Allred, Petitioners, v. City of WEST LINN, Respondent.

Court of Appeals of Oregon.

Decided May 2, 1990.

Reconsideration Denied June 27, 1990.

Attorney(s) appearing for the Case

Jacklyn M. Bartruff, Portland, argued the cause, for petitioners. With her on the brief were Margaret D. Kirkpatrick and Stoel Rives Boley Jones & Grey, Portland.

William A. Monahan, Portland, argued the cause, for respondent. With him on the brief was O'Donnell, Ramis, Elliott & Crew, Portland.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

City of West Linn approved its own application for design review approval and a conditional use permit to build a water tower. Petitioners appealed that decision to LUBA, which remanded it to the city, holding that the city had not demonstrated that the proposal complied with certain design review criteria in the West Linn Community Development Code. After the remand, the city amended the code to make those criteria inapplicable to the...

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