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MULTNOMAH COUNTY v. CITY OF FAIRVIEW

LUBA 88-076; CA A50861.

771 P.2d 289 (1989)

96 Or.App. 14

MULTNOMAH COUNTY, Petitioner, v. CITY OF FAIRVIEW and Don Toombs Trucking, Inc., Respondents.

Court of Appeals of Oregon.

Decided April 5, 1989.

Reconsideration Denied May 26, 1989.

Attorney(s) appearing for the Case

John L. DuBay, Asst. County Counsel, Portland, argued the cause for petitioner. With him on the brief was Laurence Kressel, County Counsel for Multnomah County.

William L. Brunner, Portland, argued the cause and filed the brief for respondent City of Fairview.

Peter D. Adamco, Portland, argued the cause for respondent Don Toombs Trucking, Inc. With him on the brief were John Spencer Stewart, and Stafford Frey Cooper & Stewart, Portland.

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

RICHARDSON, Presiding Judge.

In 1987, the City of Fairview annexed an area that includes property owned by respondent Don Toombs Trucking, Inc. At that time, the property was designated "urban future" in Multnomah County's comprehensive plan, and as parks and open space on the city's plan map. However, the city's plan provided:

"Land use classifications for areas outside the Fairview City limits are only recommendations. The Multnomah County Comprehensive...

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