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HARDING v. CLACKAMAS COUNTY

LUBA 87-058; CA A46548.

750 P.2d 167 (1988)

89 Or.App. 385

Jennifer HARDING and East Side Athletic Club, Respondents, v. CLACKAMAS COUNTY, Respondent, and Schurgin Development Corporation, Petitioner.

Court of Appeals of Oregon.

Decided February 10, 1988.

Attorney(s) appearing for the Case

Kenneth M. Elliott, Portland, argued the cause for petitioner. With him on the brief were Kenneth H. Fox and O'Donnell, Ramis, Elliott & Crew, Portland.

Edward J. Sullivan, Portland, argued the cause for respondents Jennifer Harding and East Side Athletic Club. With him on the brief were Mark J. Greenfield and Mitchell, Lang & Smith, Portland.

No appearance by respondent Clackamas County.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

Petitioner Schurgin Development Corporation (Schurgin) seeks review of LUBA's order reversing Clackamas County's vacation of a portion of Southeast 90th Avenue, a county road, which abuts Schurgin's planned Clackamas Promenade development project. Respondent Harding is the holder of a recorded easement that provides access to the vacated street from the athletic club which she operates.

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