FUJIMOTO v. CITY OF HAPPY VALLEY

LUBA No. 80-111; CA A20400.

640 P.2d 656 (1982)

55 Or.App. 905

Mas FUJIMOTO, Delmer Eisert, Robert and Agnes Guy, Respondents, v. CITY OF HAPPY VALLEY, a Municipal Corporation, Petitioner.

Court of Appeals of Oregon.

Decided February 8, 1982.


Attorney(s) appearing for the Case

James R. Carskadon, Jr., Milwaukie, argued the cause for petitioner. With him on the brief was Redman, Carskadon, Knauss & Kelley, Milwaukie.

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

Before BUTTLER, P.J., JOSEPH, C.J., and WARDEN, J.


BUTTLER, Presiding Judge.

Petitioner, City of Happy Valley (Happy Valley), seeks judicial review of a determination by the Land Use Board of Appeals (LUBA) that its comprehensive plan violates Statewide Planning Goal 2, in that it fails to provide for a residential development density equal to that said to have been assumed in the establishment of Metropolitan Service District's (Metro) Urban Growth Boundary (UGB).

In January, 1980, the Land Conservation and...

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