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PERKINS v. CITY OF RAJNEESHPURAM

LUBA 83-094 and 83-095; CA A31157; SC S31065.

706 P.2d 949 (1985)

300 Or. 1

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 On Review, v. CITY OF RAJNEESHPURAM, Petitioner/Cross-Respondent On Review, and Wasco County, Oregon, Respondent/Cross-Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided September 17, 1985.

Attorney(s) appearing for the Case

Ma Prem Sangeet, Rajneeshpuram, argued the cause and filed the petition for petitioner/cross-respondent.

Robert E. Stacey, Portland, argued the cause for respondents/cross-petitioners Perkins et al. With him on the response to the petition and on the reply to the brief of amici curiae was Mark J. Greenfield, Portland.

Wilford K. Carey, Hood River, argued the cause for respondents/cross-petitioners Wasco County.

Jeff Bennett, Asst. Atty. Gen., Salem, argued the cause for Land Conservation and Development Com'n.* With him on the response to the petition and on the reply to the brief of amici curiae were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Michael B. Huston, Asst. Atty. Gen., Salem.

Swami Anutosh Nion, The Rajneesh Legal Services Corp., Rajneeshpuram, filed a brief on behalf of amici curiae Rajneesh Neo-Sannyas Intern. Commune and Rajneesh Inv. Corp.

PETERSON, Chief Justice.

The city of Rajneeshpuram annexed 119 acres and thereafter zoned the annexed property to permit urban development. The Land Use Board of Appeals (LUBA) reversed the city's annexation and contemporaneous zoning ordinances. The city appealed to the Court of Appeals, which affirmed LUBA. We affirm the Court of Appeals as modified herein.

The issue presented is this: Once a city has adopted an...

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