BAXTER v. MONMOUTH CITY COUNCIL

No. 79-034; CA 18622.

627 P.2d 500 (1981)

51 Or.App. 853

Vera BAXTER, Petitioner, v. MONMOUTH CITY COUNCIL, Respondent.

Court of Appeals of Oregon.

Decided April 27, 1981.


Attorney(s) appearing for the Case

Jossi Davidson, Silverton, argued the cause and filed the brief for petitioner.

Dennis McCaffrey, Monmouth City Atty., Dallas, argued the cause and filed the brief for respondent.

Dave Frohnmayer, Atty. Gen., John McCulloch, Jr., Sol. Gen., William F. Gary, Deputy Sol. Gen., and Mary J. Deits, Asst. Atty. Gen., Salem, filed a brief amicus curiae for Land Use Board of Appeals.

Before GILLETTE, P.J., and ROBERTS and YOUNG, JJ.


YOUNG, Judge.

Petitioner seeks review of an order of the Land Use Board of Appeals (LUBA) affirming approval by the Monmouth City Council (City) of a minor partition of land. We reverse.

This case arises from an application by two Monmouth property owners for partition of their two parcels of land into three parcels. Petitioner's property is adjacent to one of the parcels for which partitioning was sought. The City's Planning Commission staff recommended approval...

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