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CITY OF PENDLETON v. LAND USE BD. OF APPEALS

No. 79-001; CA 17337.

626 P.2d 388 (1981)

51 Or.App. 539

CITY OF PENDLETON and Fredrick Hill, Petitioners, v. LAND USE BOARD OF APPEALS, Carter Kerns, Louis Levy and George Corey, Respondents.

Court of Appeals of Oregon.

Decided April 6, 1981.

Attorney(s) appearing for the Case

Dana A. Anderson, Pendleton, argued the cause and filed the brief for petitioner City of Pendleton.

William J. Storie, Pendleton, argued the cause for petitioner Fredrick Hill. On the brief were David D. Gallaher, and Storie & Gallaher, Pendleton.

E. Walter Van Valkenburg, Portland, argued the cause for respondents Kerns, Levy & Corey. With him on the brief were Stephen T. Janik, and Stoel, Rives, Boley, Fraser & Wyse, Portland.

Al J. Laue, Asst. Atty. Gen., Salem, waived appearance for respondent Land Use Board of Appeals.

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

WARDEN, Judge.

This is an appeal by Fredrick Hill and the City of Pendleton (City) for review of the final order of the Land Use Board of Appeals (LUBA) which reversed the City's annexation and zoning decisions. These were final decisions concerning the application of the City of Pendleton Comprehensive Plan. Or. Laws 1979, ch. 772, § 3.

LUBA found that the real property involved, except for one lot, was owned at the time of the annexation proceeding...

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