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WESTSIDE, ETC. v. SCHOOL DIST. 4J, ETC.

No. 81-096; CA A23957.

647 P.2d 962 (1982)

58 Or.App. 154

WESTSIDE NEIGHBORHOOD QUALITY PROJECT, Inc., a Nonprofit Corporation and Chartered Citizen Involvement Committee, David Fidanque, Brian Simonitch, Paula Mahan, Mike Graham, and Sandra Bishop, Petitioners-Cross-Respondents, v. SCHOOL DISTRICT 4J BOARD OF DIRECTORS, Respondent-Cross-Petitioner.

Court of Appeals of Oregon.

Decided July 8, 1982.

Attorney(s) appearing for the Case

Bill Kloos, Eugene, argued the cause for petitioners-cross-respondents. With him on the briefs were H. Thomas Andersen and Allen L. Johnson, Eugene.

Edward J. Sullivan, Portland, argued the cause for respondent-cross-petitioner. On the briefs were Corinne C. Sherton, Salem, and O'Donnell, Sullivan & Ramis, Portland.

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

RICHARDSON, Presiding Judge.

Petitioners appeal the order of the Land Use Board of Appeals (LUBA) affirming Eugene School District 4J's decision to close Lincoln Community School. The district cross-appeals from LUBA's determination that the district's action was a "land use decision" and was therefore reviewable by LUBA. We agree with the district that LUBA lacked jurisdiction.

The district board voted to close the school on August 5, 1981. The decision was...

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