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WHITESIDES HARDWARE v. CITY OF CORVALLIS

No. 83-040; CA A29769.

680 P.2d 1004 (1984)

68 Or.App. 204

WHITESIDES HARDWARE, Inc., an Oregon Corporation, Respondent-Cross-Petitioner, v. CITY OF CORVALLIS, Cross-Respondent, and Heritage Enterprises, a Partnership of Charles F. Kingsley and David F. Wagner, Petitioner-Cross-Respondent.

Court of Appeals of Oregon.

Decided May 9, 1984.

Attorney(s) appearing for the Case

Allen L. Johnson, Eugene, argued the cause and filed the briefs for petitioner-cross-respondent.

Mary C. Randolph, Eugene, filed the reply brief on cross-appeal for petitioner-cross-respondent.

Robert S. Ball, Portland, argued the cause for respondent-cross-petitioner. On the brief were Susan M. Quick and Ball, Janik & Novack, Portland.

Richard D. Rodeman, City Atty., Corvallis, argued the cause and filed the brief for cross-respondent.

Before GILLETTE, P.J., VAN HOOMISSEN and YOUNG, JJ.

GILLETTE, Presiding Judge.

Heritage Enterprises (Heritage) petitions for judicial review of a Land Use Board of Appeals opinion remanding two Corvallis ordinances to the city for reconsideration. Whitesides Hardware, Inc. (Whitesides) cross-petitions, alleging infirmities which LUBA did not find in the ordinances.1

Whitesides was the petitioner before LUBA. The ordinances amend Corvallis' comprehensive plan to approve a regional...

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