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CITY OF PENDLETON v. KERNS

No. 81-127; CA A24312.

650 P.2d 101 (1982)

58 Or.App. 641

CITY OF PENDLETON, Fredrick S. Hill and Mary Ann Hill, Petitioners, v. F. Carter KERNS and Lou Levy, Respondents.

Court of Appeals of Oregon.

Decided August 25, 1982.

Reconsideration Denied September 29, 1982.

Review Denied October 19, 1982.

Attorney(s) appearing for the Case

Rudolph M. Murgo, City Atty., Pendleton, argued the cause for petitioner City of Pendleton. With him on the brief was William J. Storie, Pendleton.

William J. Storie, Pendleton, argued the cause for petitioners Fredrick S. Hill and Mary Ann Hill. With him on the brief was Rudolph M. Murgo, 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., and WARDEN and YOUNG, JJ.

GILLETTE, Presiding Judge.

Petitioners, City of Pendleton (City) and Fredrick S. and Mary Anne Hill, seek judicial review of a decision by the Land Use Board of Appeals (LUBA) that reversed and remanded the City's decision to annex a parcel of land belonging to petitioners Hill to the city. We affirm.

Pendleton City Ordinance No. 3192, adopted on October 20, 1981, annexed approximately 12.36 acres of land owned by...

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