PERKINS v. CITY OF RAJNEESHPURAM

83-094; 83-095; CA A31157.

686 P.2d 369 (1984)

68 Or.App. 726

James G. PERKINS, Shirlee Perkins, David Dickson, Melinda Dickson, Kelly McGreer, Rosemary McGreer, and 1000 Friends of Oregon, an Oregon Nonprofit Corporation, Respondents — Cross-Petitioners, v. CITY OF RAJNEESHPURAM, Petitioner — Cross-Respondent, and Wasco County, Oregon, Respondent — Cross-Petitioner.

Court of Appeals of Oregon.

Decided June 27, 1984.

Reconsideration Denied October 12, 1984.

Review Allowed November 13, 1984.


Attorney(s) appearing for the Case

Ma Prem Sangeet, City Atty., Rajneeshpuram, argued the cause and filed the briefs for petitioner — cross-respondent, City of Rajneeshpuram.

Mark J. Greenfield, Portland, argued the cause and filed the briefs for respondents — cross-petitioners.

Wilford K. Carey, Hood River, argued the cause for respondent — cross-petitioner Wasco County. With him on the briefs was Annala, Carey, Hull & Van Koten, Hood River.

Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., Jeff Bennett, and Michael B. Huston, Asst. Attys. Gen., Salem, filed a brief for Land Conservation and Development Commission.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.


RICHARDSON, Presiding Judge.

Petitioner City of Rajneeshpuram appeals and respondents cross-appeal from a Land Use Board of Appeals (LUBA) order that reversed the city's annexation of 119 acres of agricultural land and its contemporaneous rezoning of the land to permit urban uses on it. We affirm.

In September, 1982, the city adopted a comprehensive plan and submitted it to the Land Conservation and Development Commission for acknowledgment review. ORS 197...

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