HORIZON CONSTRUCTION v. CITY OF NEWBERG

LUBA 92-002; CA A74807.

834 P.2d 523 (1992)

114 Or. App. 249

HORIZON CONSTRUCTION, INC., an Oregon corporation, Petitioner, Rich Racette and Walt Racette, Petitioners Below, v. CITY OF NEWBERG, Respondent.

Court of Appeals of Oregon.

Decided July 22, 1992.


Attorney(s) appearing for the Case

Wallace W. Lien, Salem, argued the cause and filed the brief for petitioner.

Terrence D. Mahr, City Atty., Newberg, argued the cause and filed the brief for respondent.

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


RICHARDSON, Presiding Judge.

The Newberg City Council denied petitioner a conditional use permit to construct an apartment complex and LUBA affirmed the decision. Petitioner seeks review. We reverse.

We note, preliminarily, that petitioner's brief does not have appended to it a copy of LUBA's opinion, as ORAP 5.50(3) and ORAP 4.60 require. When this court prepares for oral argument, the appellate record is not available to us. We have only the parties' briefs...

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