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CENTURY 21 PROPERTIES v. CITY OF TIGARD

LUBA 89-043; CA A61910.

783 P.2d 13 (1989)

CENTURY 21 PROPERTIES, Inc., Petitioner, v. CITY OF TIGARD, Respondent.

Court of Appeals of Oregon.

Decided November 22, 1989.

Reconsideration Denied January 5, 1990.

Review Denied February 22, 1990.

Attorney(s) appearing for the Case

Paul G. Ellis, Portland, argued the cause for petitioner. On the brief was Forrest N. Rieke, Portland.

Jeff H. Bachrach, Portland, argued the cause for respondent. With him on the brief was O'Donnell, Ramis, Elliott & Crew, Portland.

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

RICHARDSON, Presiding Judge.

Petitioner seeks review of LUBA's affirmance of the Tigard city council's approval of an application to develop an apartment complex on property adjacent to petitioner's. Acting on its own motion pursuant to section 18.32.310(b)(2) of city's community development code, the council took review of the planning commission's earlier approval decision and added as a condition of approval that the applicant dedicate a right of way for street...

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