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COPE v. CITY OF CANNON BEACH

LUBA 92-019 and 92-020; CA A75091.

836 P.2d 775 (1992)

115 Or. App. 11

Gene COPE, Harriet Cope, Colleen Donnelly, Robert Donnelly, Carlyn R. Draneas, John H. Draneas, Mary Gartshore, Peter Gartshore, Jack G. Kaady, Marsha LaFarge, Jack Stutzman, Sharon Stutzman, Betty Wilson, Lloyd Wilson, William G. Hay, Georgiana F. Hay, William J. Allred and Hallmark Inns & Resorts, Inc., Petitioners, v. CITY OF CANNON BEACH, Respondent.

Court of Appeals of Oregon.

Decided August 26, 1992.

Reconsideration Denied October 14, 1992.

Attorney(s) appearing for the Case

John H. Draneas, Portland, argued the cause for petitioners Gene Cope, Harriet Cope, Colleen Donnelly, Robert Donnelly, Carlyn R. Draneas, John H. Draneas, Mary Gartshore, Peter Gartshore, Marsha LaFarge, Jack Stutzman, Sharon Stutzman, Betty Wilson, and Lloyd Wilson. Dean H. Alterman, Portland, argued the cause for petitioners William G. Hay, Georgiana F. Hay, William J. Allred and Hallmark Inns & Resorts, Inc. With them on the brief were Draneas & Gregores, P.C., and Kell, Alterman & Runstein, Portland.

No appearance for petitioner Jack G. Kaady.

Mark J. Greenfield, Portland, argued the cause for respondent. With him on the brief were Edward J. Sullivan, Preston Thorgrimson Shidler Gates & Ellis, Portland, and William R. Canessa, City Attorney, and Campbell, Moberg and Canessa, Cannon Beach.

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

RICHARDSON, Presiding Judge.

Petitioners seek review of LUBA's order upholding the city of Cannon Beach's Ordinance 92-1. The ordinance amended the city's comprehensive plan and zoning ordinance and imposed a prohibition on the rental for money of dwellings for less than 14 days in some residential zones. The ordinance has an "amortization" scheme for phasing out uses that were established between the time of its enactment and the earlier repeal of legislation that...

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