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PHILIPPI v. CITY OF SUBLIMITY

LUBA 81-078; CA A23238; SC 28990.

662 P.2d 325 (1983)

Bruce PHILIPPI and Ron Bochsler, Respondents On Review, v. CITY OF SUBLIMITY, Petitioner On Review.

Supreme Court of Oregon.

Decided April 19, 1983.

Attorney(s) appearing for the Case

James D. Tiger, Stayton, argued the cause for petitioner on review. With him on the brief and petition was Duncan & Tiger, Stayton.

M. Chapin Milbank, Salem, argued the cause for respondents on review. With him on the brief was Schlegel, Milbank, Jarman & Hilgemann, Salem.

Before LENT, C.J., and LINDE, PETERSON, CAMPBELL and ROBERTS, JJ.

ROBERTS, Justice.

Both the City of Sublimity and the Land Use Board of Appeals (LUBA) denied respondents' application for a subdivision development permit for their property zoned single family residential (SFR) in the zoning ordinance and designated "single family" in the Sublimity Comprehensive Plan. This denial was based upon, inter alia, an "agricultural retention policy" set out in the city's acknowledged comprehensive plan. The Court of Appeals held that...

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