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TERRACES CONDO. ASS'N v. CITY OF PORTLAND

LUBA 91-048; CA A72173.

823 P.2d 1004 (1992)

110 Or.App. 471

THE TERRACES CONDOMINIUM ASSOCIATION, Respondent, v. CITY OF PORTLAND, Respondent below, and Franklin G. Drake and Preston Hiefield, Petitioners.

Court of Appeals of Oregon.

Decided January 8, 1992.

Attorney(s) appearing for the Case

Stephen T. Janik, Portland, argued the cause for petitioners. With him on the brief were Richard M. Whitman and Ball, Janik & Novack, Portland.

J. David Bennett, Portland, argued the cause for respondent. With him on the brief were Margot Poznanski and Copeland, Landye, Bennett and Wolf, Portland.

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

RICHARDSON, Presiding Judge.

Petitioners seek review of LUBA's reversal of the City of Portland's order interpreting two earlier land use decisions. The interpretation would allow petitioners to build a 150-unit condominium project on a parcel known as tax lot 59. The issue is whether the earlier decisions, made while tax lot 59 and an adjoining lot were part of one parcel that was later divided, gave petitioners the right to develop tax lot 59 at a greater density...

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