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FECHTIG v. CITY OF ALBANY

LUBA Nos. 94-019; 94-020; CA A84992.

882 P.2d 138 (1994)

130 Or. App. 433

Allen D. FECHTIG, Petitioner-Cross-Respondent, v. CITY OF ALBANY, Respondent-Cross-Petitioner.

Court of Appeals of Oregon.

Decided October 5, 1994.

Attorney(s) appearing for the Case

Garry P. McMurry, Portland, argued the cause for petitioner—cross-respondent. With him on the briefs was Garry P. McMurry & Assoc.

James V. Delapoer, Albany, argued the cause for respondent—cross-petitioner. With him on the brief was Long, Delapoer, Healy & McCann, P.C.

Before RIGGS, P.J., RICHARDSON, C.J., and De MUNIZ, J.

RIGGS, Presiding Judge.

Petitioner seeks review of LUBA's decision affirming the City of Albany's allowance of a fill permit. The city cross-petitions, contending that LUBA erred by denying its motion to dismiss in case 94-019,1 made on the ground that petitioner's notice of intent to appeal to LUBA was untimely. Because the city's cross-petition raises a jurisdictional question, we address it first.

The city processed the application...

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