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FUJIMOTO v. LAND USE BD. OF APPEALS

No. 79-010; CA 17625.

630 P.2d 364 (1981)

52 Or.App. 875

Mas FUJIMOTO, Delmer Eisert, Robert and Agnes Guy, Petitioners, v. LAND USE BOARD OF APPEALS, Metropolitan Service District, Respondents.

Court of Appeals of Oregon.

Decided June 29, 1981.

Reconsideration Denied July 23, 1981.

Attorney(s) appearing for the Case

Terry D. Morgan, Portland, argued the cause for appellants. With him on the brief was Morgan & Shonkwiler, P.C., Portland.

Appearance waived for respondent Land Use Board of Appeals.

No appearance for respondent Metropolitan Service District.

Before JOSEPH, C.J., and WARDEN and WARREN, JJ.

JOSEPH, Chief Judge.

This matter is on judicial review of an order by respondent Land Use Board of Appeals (LUBA) dismissing petitioners' petition for review of the Metropolitan Service District's (MSD) ordinance establishing an urban growth boundary (UGB) for its area. After MSD had adopted the UGB pursuant to ORS 268.390(3), petitioners gave notice of intention to appeal pursuant to Oregon Laws 1979, chapter 772, section 4(4). On January 16, 1980, MSD received an...

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