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ATWOOD v. CITY OF PORTLAND

No. 80-095; CA A20837.

637 P.2d 1302 (1981)

55 Or.App. 215

James ATWOOD, Petitioner, v. CITY OF PORTLAND, Clark Bingham, Stuart Bingham, Selwyn A. Bingham, Jr., and Sophia Bingham, Respondents.

Court of Appeals of Oregon.

Decided December 21, 1981.

Attorney(s) appearing for the Case

Edward J. Sullivan, Portland, argued the cause for petitioner. With him on the brief were Kenneth M. Elliott, Adrianne J. Brockman, Certified Law Student, and O'Donnell, Sullivan & Ramis, Portland.

Ruth M. Spetter, Deputy City Atty., Portland, argued the cause and filed the brief for respondent City of Portland.

Michael H. Schmeer, Portland, argued the cause for respondents Clark Bingham, Stuart Bingham, Selwyn A. Bingham, Jr., and Sophia Bingham. With him on the brief was Black, Kendall, Tremaine, Booth & Higgins, Portland.

Before RICHARDSON, P.J., JOSEPH, C.J., and THORNTON, J.

RICHARDSON, Presiding Judge.

Petitioner appeals from an order of the Land Use Board of Appeals (LUBA) affirming an ordinance of the City of Portland which rezoned property owned by respondents Bingham and allowed variances to facilitate construction of a 31-unit condominium structure on the property. We affirm.

The Binghams and others applied for the zone change in late 1979. At that time, the property consisted of three parcels, which were zoned, respectively...

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