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WEEKS v. CITY OF TILLAMOOK

LUBA 91-110; CA A73903.

832 P.2d 1246 (1992)

113 Or. App. 285

Robert WEEKS, Elva Weeks, Bill Beck and Elza Beck, Petitioners, v. CITY OF TILLAMOOK and Community Action Team, Inc., an Oregon nonprofit corporation, Respondents.

Court of Appeals of Oregon.

Decided June 3, 1992.

Attorney(s) appearing for the Case

Phillip E. Grillo, Portland, argued the cause and filed the brief for petitioners.

Douglas E. Kaufman, Tillamook, argued the cause and filed the brief for respondent City of Tillamook.

Neal C. Lemery, Rockaway Beach, filed the brief for respondent Community Action Team, Inc.

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

RICHARDSON, Presiding Judge.

Petitioners seek review of LUBA's holding that an action by the Tillamook City Council was not an appealable "land use decision" and its ensuing transfer of the case to circuit court pursuant to ORS 19.230(4).

Petitioners oppose the construction and operation of a homeless shelter for which the city issued a conditional use permit to intervenor Community Action Teams, Inc. (CAT). Petitioners and others twice appealed to LUBA the...

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