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BCT PARTNERSHIP v. CITY OF PORTLAND

LUBA No. 93-226; CA A84434.

881 P.2d 176 (1994)

130 Or. App. 271

BCT PARTNERSHIP, Respondent, v. CITY OF PORTLAND, Barry D. Schlesinger and BPM Associates, Petitioners.

Court of Appeals of Oregon.

Decided September 14, 1994.

Attorney(s) appearing for the Case

Kathryn Beaumont Imperati, Portland, argued the cause for petitioner City of Portland. With her on the brief was Adrianne Brockman.

Steven L. Pfeiffer, Portland, argued the cause for petitioners Barry D. Schlesinger and BPM Associates. With him on the brief were Michael R. Campbell and Stoel Rives Boley Jones & Grey.

Stephen T. Janik, Richard H. Allan and Ball, Janik & Novack, Portland, waived appearance for respondent.

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

DEITS, Presiding Judge.

Petitioner BPM Associates applied to the City of Portland for a conditional use permit to operate a parking garage.1 The city granted the permit. BCT Partnership (respondent) appealed the city's decision to LUBA. LUBA reversed, and petitioners seek review. We reverse and remand.

LUBA concluded, and it is undisputed, that the approval of the permit depended on the consistency of the application with section...

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