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BECK v. CITY OF TILLAMOOK

LUBA 90-056; CA A67345; SC S37906.

831 P.2d 678 (1992)

313 Or. 148

Bill BECK, Elza Beck, John Begin, Tami Begin, Jack Besso, Judith Besso, Joanne Beyer, O.F. Beyer, Martha Beyer, Nicki Heath, David Kehl, Elizabeth Kehl, Byron Richardson, Linda Richardson, Ken Seeger, Josephine Veltri, H.D. Weitman, Martha Weitman, Robert Weeks, and Elva Weeks, Petitioners on Review, v. CITY OF TILLAMOOK, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided April 23, 1992.

Reconsideration Denied May 26, 1992.

Attorney(s) appearing for the Case

Phillip E. Grillo, Portland, argued the cause and filed the petition, for petitioners on review.

Douglas E. Kaufman, City Atty., Tillamook, argued the cause and filed the responses to the petition, for respondent on review.

GRABER, Justice.

This case concerns the scope of judicial review of a decision of the Land Use Board of Appeals (LUBA). Specifically, the issue is this: When petitioners appealed a local land use decision to LUBA and prevailed only in part, obtaining a remand, did the applicable statutes require them to seek judicial review of the legal issues that LUBA decided against them at that time, or could they wait until after the remand and a second appeal to LUBA to do so...

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