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HITCHCOCK v. McMINNVILLE CITY COUNCIL

No. 35510; CA 15804.

615 P.2d 409 (1980)

47 Or.App. 897

John W. HITCHCOCK, Petitioner-Appellant, v. McMinnville CITY COUNCIL, Composed of Nicholas Fax, Harold Lewis, Donald Porter, Norman Scott, Robert Willoughby, Drannan Hamby, and John Daley, Respondent-Respondent, and Industrial Investment Corporation, an Oregon Corporation, Intervenor-Respondent.

Court of Appeals of Oregon.

Decided August 18, 1980.

Attorney(s) appearing for the Case

John W. Hitchcock and John C. Pinkstaff, McMinnville, argued the cause and filed the briefs for petitioner-appellant.

No appearance for respondent-respondent.

Daniel H. Skerritt, Portland, argued the cause for intervenor-respondent. With him on the brief was Lindsay, Nahstoll, Hart, Neil & Weigler, Portland.

Before JOSEPH, P.J., and WARDEN and WARREN, JJ.

JOSEPH, Presiding Judge.

This is an appeal from an order granting intervenor's motion to dismiss a petition for writ of review by which petitioner sought to challenge a decision by the McMinnville City Council (Council) on a zone change application. The motion was granted on the grounds that the petition for review had not been timely filed within the 60-day statutory limit (ORS 34.030)1 and that petitioner lacked standing to challenge...

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