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HEMSTREET v. SEASIDE IMP. COM'N

LUBA 87-118; CA A49015.

761 P.2d 533 (1988)

93 Or.App. 73

Mark HEMSTREET, Petitioner, v. SEASIDE IMPROVEMENT COMMISSION, the Governing Body of the Trails End Urban Renewal District, and John Q. Hammons, Respondents.

Court of Appeals of Oregon.

Decided September 14, 1988.

Attorney(s) appearing for the Case

Kenneth S. Eiler, Seaside, argued the cause and filed the brief for petitioner.

No appearance for respondent Seaside Imp. Comn.

Dennis P. Rawlinson, Portland, argued the cause for respondent John Q. Hammons. With him on the brief was Miller, Nash, Wiener, Hager & Carlsen, Portland.

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

RICHARDSON, Presiding Judge.

Petitioner seeks review of LUBA's dismissal of his appeal from a decision by the Seaside Improvement Commission, the governing body of the Trails End Urban Renewal District. The commission accepted respondent Hammons' proposal rather than petitioner's competing proposals to lease the air space over certain property owned by the district. The decision, as memorialized in the commission's minutes, reads:

"Motion to accept...

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