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MONTMORE HOMEOWNERS ASS'N v. BRYDON

Luba No. 80-156; CA A20619; CA A20627.

637 P.2d 931 (1981)

55 Or.App. 242

MONTMORE HOMEOWNERS ASSOCIATION, Petitioner, v. Ian and Martha BRYDON, Respondents. City of Portland, Petitioner, v. Ian and Martha Brydon, Respondents.

Court of Appeals of Oregon.

Decided December 21, 1981.

Attorney(s) appearing for the Case

John C. Holden, Portland, filed the brief for petitioner Montmore Homeowners' Association. With him on the brief was Wood, Tatum, Mosser, Brooke & Holden, Portland.

Ruth M. Spetter, Portland, argued the cause and filed the brief for petitioner City of Portland.

Timothy P. Alexander, Beaverton, argued the cause and filed the brief for respondents.

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

ROBERTS, Judge.

Petitioners appeal a decision of the Land Use Board of Appeals (LUBA) reversing the City of Portland's denial of respondent's application to divide a vacant lot in an existing and largely developed subdivision into lots. We reverse.

In 1966, the then property owner submitted to the Portland Planning Commission a final plat for development of the area. The large size and configuration of one lot was a matter of concern to the commission; the...

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