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GAGE v. CITY OF PORTLAND

93-030; CA A80355.

860 P.2d 282 (1993)

123 Or. App. 269

Dorothy GAGE and Ashcreek Neighborhood Association, Petitioners, v. CITY OF PORTLAND and FP-35 Partners, Respondents.

Court of Appeals of Oregon.

Decided September 22, 1993.

Attorney(s) appearing for the Case

Edward J. Sullivan, Portland, argued the cause, for petitioners. With him on the brief was Preston Thorgrimson Shidler Gates & Ellis, Portland.

Peter A. Kasting, Portland, argued the cause and filed the brief, for respondent City of Portland.

Jeff H. Bachrach, Portland, argued the cause, for respondent FP-35 Partners. With him on the brief was O'Donnell, Ramis, Crew & Corrigan, Portland.

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

DEITS, Presiding Judge.

Petitioners seek review of LUBA's decision affirming the City of Portland's approval of respondent FP-35 Partners' application for a minor amendment to a planned unit development (PUD). We reverse.

The city granted final development plan approval for the original PUD in September, 1984, more than 8 years before its approval of the amendment in the present proceeding. In their first assignment...

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