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CITY OF PENDLETON v. KERNS

LUBA 80-138; CA A20422; SC 28659.

653 P.2d 992 (1982)

294 Or. 126

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

Supreme Court of Oregon.

Decided November 23, 1982.

Attorney(s) appearing for the Case

Rudy M. Murgo, Pendleton, filed the brief and argued the cause for petitioner, City of Pendleton. With him on the brief was William J. Storie, Pendleton, who argued the cause for City of Pendleton; William J. Storie argued the cause of petitioners Hill.

Thomas R. Page, Portland, argued the cause and filed the brief for respondents.

Richard D. Rodeman, Corvallis, Michael Huston, Salem, Howard Rankin, Ruth M. Spetter and Kathryn S. Beaumont, Portland, filed a brief of amicus curiae for the City of Corvallis, League of Oregon Cities, and the City of Portland.

Before LENT, C.J., and PETERSON, LINDE, TANZER, CAMPBELL and CARSON, JJ.

CAMPBELL, Justice.

The issue presented is whether the Land Use Board of Appeals (LUBA) has jurisdiction to review a city ordinance that authorizes the improvement of an already dedicated street and sets up a local improvement district (LID) to finance the construction.

North Main Street in the City of Pendleton was first dedicated as a city street in 1915. The portion of the street at issue here, however, has never been improved. In 1958, the city rejected...

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