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GORDON v. CITY OF BEAVERTON

No. 80-078; CA 19168.

630 P.2d 366 (1981)

52 Or.App. 937

Wallace E. GORDON and Mary E. Gordon, Petitioners, v. CITY OF BEAVERTON, Respondent.

Court of Appeals of Oregon.

Decided June 29, 1981.

Reconsideration Denied August 13, 1981.

Attorney(s) appearing for the Case

Thomas A. Gordon, Portland, argued the cause for petitioners. With him on the brief was Bullivant, Wright, Leedy, Johnson, Pendergrass & Hoffman, Portland.

Eleanore Baxendale, Asst. City Atty., Beaverton, argued the cause and filed the brief for respondent.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

RICHARDSON, Presiding Judge.

Petitioners seek review of a Land Use Board of Appeals (LUBA) order dismissing their appeal from a land use decision of the respondent City of Beaverton. The ground for LUBA's dismissal was that petitioners filed their petition for review and supporting brief one day after the statutory period for doing so had elapsed. The issue, as formulated by petitioners and the city, is whether filing the petition and brief within the time prescribed...

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