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KRISTENSEN v. CITY OF EUGENE PLANNING COM'N

544 P.2d 591 (1976)

Robert H. KRISTENSEN et al., Appellants, v. CITY OF EUGENE PLANNING COMMISSION AND BRIARWOOD ASSOCIATES, Respondents.

Court of Appeals of Oregon.

Decided January 19, 1976.

Attorney(s) appearing for the Case

Merwin C. Logan, Springfield, argued the cause and filed the brief for appellants.

John B. Arnold, Eugene, argued the cause for respondent City of Eugene Planning Commission. With him on the brief were Stanton F. Long and Johnson, Johnson & Harrang, Eugene.

Mark P. O'Donnell, Portland, argued the cause for respondent Briarwood Associates. With him on the brief was Thomas A. Gerber, Portland.

Mark P. O'Donnell, and Thomas A. Gerber, Portland, filed the brief amicus curiae for Mobile Home Dealers Assn.

Before SCHWAB, C.J., and FORT and THORNTON, J.

SCHWAB, Chief Judge.

This writ of review proceeding is a challenge to a conditional use permit issued by the Eugene Planning Commission to respondent Briarwood Associates. The plaintiffs, who own property near Briarwood's, appeal from a circuit court judgment upholding the commission's action.

We have previously distinguished the procedural and substantive rules of Fasano v. Washington County Comm., 264 Or. 574, 507 P.2d 23

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