CITY OF OREGON CITY v. CLACKAMAS COUNTY

LUBA 88-098; A60140.

773 P.2d 1343 (1989)

96 Or.App. 651

CITY OF OREGON CITY, Petitioner, v. CLACKAMAS COUNTY; Vancouver Federal Savings Bank; Michael Fingerut; C. Joseph Van Haverbeke; Elph Enterprises; and Clairmont Water District, Respondents.

Court of Appeals of Oregon.

Decided May 24, 1989.

Reconsideration Denied July 14, 1989.


Attorney(s) appearing for the Case

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

Michael E. Judd, Chief Asst. County Counsel, Oregon City, filed the brief for respondent Clackamas County.

Jeff Bachrach, Portland, argued the cause for respondents Vancouver Federal Sav. Bank, Michael Fingerut, C. Joseph Van Haverbeke and ELPH Enterprises. With him on the brief was O'Donnell, Ramis, Elliott & Crew, Portland.

John H. Hammond, West Linn, waived appearance for respondent Clairmont Water District.

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


RICHARDSON, Presiding Judge.

Oregon City seeks review of LUBA's affirmance of Clackamas County's design review approval for Phase II of the Country Village Mobile Home Park.1 The issue is whether county was required, by an intergovernmental agreement between it and city or by an earlier order in its review of the Country Village proposal, to impose a condition of approval that the area be annexed to city before it may be developed and...

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