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NORTHEAST NEIGHBORHOOD ASS'N v. CITY OF SALEM

No. 81-038; CA A22898.

651 P.2d 193 (1982)

59 Or.App. 499

NORTHEAST NEIGHBORHOOD ASSOCIATION, a Duly Recognized Planning Organization of the City of Salem, and Friends of Englewood, a Nonprofit Corporation, Petitioners, v. CITY OF SALEM and First Church of the Nazarene of Salem, Oregon, Respondents.

Court of Appeals of Oregon.

Decided September 29, 1982.

Reconsideration Denied November 19, 1982.

Attorney(s) appearing for the Case

Ellen E. Johnson, Portland, argued the cause for petitioners. With her on the brief was Dan F. Olsen, Portland.

Jeannette M. Launer, Asst. City Atty., Salem, argued the cause for respondent City of Salem. With her on the brief was William J. Juza, City Atty., Salem.

Kris Jon Gorsuch, Salem, argued the cause for respondent First Church of the Nazarene. With him on the brief were Daniel A. Ritter, and Harland, Ritter, Saalfeld & Griggs, Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Petitioners seek judicial review of a determination by the Land Use Board of Appeals (LUBA) that approval of an application by respondent church to enlarge its sanctuary in a residential district in Salem was permitted under an ordinance governing nonconforming uses, without requiring a conditional use permit for the expansion. LUBA remanded the case to the city for further findings concerning variances to the city's setback requirements for additional...

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