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SOUTHWOOD HOMEOWNERS v. CITY COUNCIL

LUBA 90-103; CA A67575.

806 P.2d 162 (1991)

106 Or. App. 21

SOUTHWOOD HOMEOWNERS ASSOCIATION and William Gates, Petitioners, v. CITY COUNCIL OF PHILOMATH, Betty Ellis and Gary Remington, Respondents.

Court of Appeals of Oregon.

Decided February 20, 1991.

Attorney(s) appearing for the Case

George B. Heilig, Corvallis, argued the cause and filed the brief for petitioners.

Scott A. Fewel, Corvallis, waived appearance for respondent City Council of Philomath.

No appearance for respondents Betty Ellis and Gary Remington.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

BUTTLER, Presiding Judge.

Petitioners appealed to LUBA from the City of Philomath's approval of a subdivision inside the city's urban growth boundary. Petitioners contended that the subdivision does not comply with city land use regulations. The city moved to dismiss the appeal, contending that, under ORS 197.015(10)(b)(B), LUBA lacked jurisdiction. LUBA granted the motion.1 Petitioners seek review, and we reverse.

ORS 197.015...

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