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CITY OF PENDLETON v. KERNS

No. 80-138; CA A20422.

643 P.2d 658 (1982)

56 Or.App. 818

CITY OF PENDLETON, Fredrick S. Hill and Mary Ann Hill, Petitioners, v. F. Carter KERNS, Jean H. Kerns, Lou Levy and Clare Wagner, Respondents.

Court of Appeals of Oregon.

Decided April 12, 1982.

Reconsideration Denied May 13, 1982.

Attorney(s) appearing for the Case

Rudy M. Murgo, City Atty., Pendleton, argued the cause for petitioner City of Pendleton. With him on the brief were William J. Storie and Storie & Gallaher, Pendleton, attorneys for petitioners Fredrick S. and Mary Ann Hill.

William J. Storie, Pendleton, argued the cause for petitioners Fredrick S. Hill and Mary Ann Hill. With him on the brief were Storie & Gallaher, and Rudy M. Murgo, City Atty., Pendleton, attorney for petitioner City of Pendleton.

Thomas R. Page, Portland, argued the cause for respondents. With him on the brief were Stephen T. Janik and Stoel, Rives, Boley, Fraser & Wyse, Portland.

Before GILLETTE, P.J., YOUNG, J., and ROBERTS, J. Pro Tem.

GILLETTE, Presiding Judge.

Petitioners appeal from a final opinion and order issued by the Land Use Board of Appeals (LUBA) that remanded Pendleton City Ordinance No. 3141 (the ordinance) to the city and directed the city to adopt appropriate findings. Petitioners argue that LUBA lacked jurisdiction over the ordinance in that the ordinance is not a "land use decision," that the respondents did not have standing to appeal...

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