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CUSMA v. CITY OF OREGON CITY

LUBA 87-093; CA A47965.

757 P.2d 433 (1988)

92 Or.App. 1

Rena CUSMA, Executive Officer of the Metropolitan Service District of Portland, Oregon, Petitioner, v. CITY OF OREGON CITY, Respondent.

Court of Appeals of Oregon.

Decided June 29, 1988.

Attorney(s) appearing for the Case

Daniel B. Cooper, Portland, argued the cause for petitioner. With him on the brief were John B. Leahy, Colleen M. Morgan and Williams, Fredrickson, Stark & Weisensee, P.C., Portland.

Edward J. Sullivan, Portland, argued the cause for respondent. With him on the brief were Mark J. Greenfield and Mitchell, Lang & Smith, Portland.

Before WARREN, P.J., and RICHARDSON and DEITS, JJ.

RICHARDSON, Judge.

Petitioner is the executive officer of the Metropolitan Service District (Metro), which operates the Clackamas Transfer and Recycling Center (center), a solid waste transfer facility located in Oregon City. The city issued a conditional use permit to Metro in 1981, allowing it to operate the center and imposing a daily tonnage limitation on the amount of solid waste which could be processed there. The limitation has been reviewed periodically and...

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