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FISHER v. COLWELL

Nos. LUBA 79-011; CA 17417, 17460.

625 P.2d 1333 (1981)

51 Or.App. 301

Mildred FISHER, Norman Hobbs and Ann Hobbs, Petitioners, v. Russell M. COLWELL, Mildred Steinmetz, and Northwest District Association, Respondents. City of Portland, Petitioner, v. Russell M. Colwell, Mildred Steinmetz and Northwest District Association, Respondents.

Court of Appeals of Oregon.

Decided March 23, 1981.

Reconsideration Denied April 23, 1981.

Attorney(s) appearing for the Case

Katherine H. O'Neil, Portland, argued the cause for petitioners Mildred Fisher, Norman Hobbs and Ann Hobbs. With her on the brief were Terry C. Hauck and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Ruth S. McKillip, Deputy City Atty., Portland, argued the cause and filed the brief for petitioner City of Portland.

Edward J. Sullivan, Portland, argued the cause for respondents. With him on the brief were Charles P. Duffy, Mark Whitlow and Duffy & Gibson, Portland.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.

RICHARDSON, Presiding Judge.

Petitioners appeal a decision of the Land Use Board of Appeals (LUBA), which reversed an order of the Portland City Council granting petitioners a revocable permit to maintain a business on their property contrary to applicable zoning ordinances. Petitioners challenge the jurisdiction of LUBA to review this particular order and LUBA's disposition of the case on the merits. We conclude LUBA lacked jurisdiction and reverse.

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