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OREGON STATE PARKS v. CITY OF PORTLAND

LUBA 88-044; CA A51009.

772 P.2d 435 (1989)

96 Or.App. 202

OREGON STATE PARKS and Recreation, Respondent, v. CITY OF PORTLAND, Petitioner.

Court of Appeals of Oregon.

Argued and Submitted March 13, 1989.

Attorney(s) appearing for the Case

Ruth M. Spetter, Senior Deputy City Atty., Portland, argued the cause and filed the brief for petitioner.

John T. Bagg, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on he brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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

RICHARDSON, Presiding Judge.

City of Portland (city) seeks review of LUBA's order remanding its Goal 15 exception and comprehensive plan map amendment. City's decisions permitted an addition to a restaurant deck, including a public observation area with public access, in the Willamette River Greenway setback area. Section 33.77.150(A)(3) of the city code allows an exception to Goal 15 for non-river dependent or related uses in the area if the "use will provide a significant...

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