MERRILL v. VAN VOLKINBURG

LUBA No. 80-009; CA 19690, 19892.

636 P.2d 466 (1981)

54 Or.App. 873

Max MERRILL and Boatwright Engineering, Inc., Petitioners, v. Earl J. VAN VOLKINBURG and Cora M. Cannon, Respondents. Marion County, Petitioner, v. Earl J. Van Volkinburg and Cora M. Cannon, Respondents.

Court of Appeals of Oregon.

Decided November 23, 1981.


Attorney(s) appearing for the Case

Douglas Fowler, Portland, argued the cause for petitioners. With him on the brief was Diane W. Spies, Portland.

Robert E. Stacey, Jr., Portland, argued the cause and filed the brief for respondents.

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


WARREN, Judge.

In two cases consolidated for appeal, petitioners seek judicial review of a final order of the Land Use Board of Appeals (LUBA) and assign error to denial of their challenge to the standing of respondents.

Petitioners Max Merrill and Boatwright Engineering, Inc., were dismissed by stipulation as parties in the LUBA proceeding. Hence, they were not parties entitled to seek judicial review under the provisions of Oregon Laws 1979, chapter 772...

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