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MELTON v. CITY OF COTTAGE GROVE

LUBA Nos. 94-055, 94-061; CA A85730.

887 P.2d 359 (1994)

131 Or. App. 626

Jean MELTON, F. Robert Wilkie and C.P. Brown, Petitioners, v. CITY OF COTTAGE GROVE and Wal-Mart Stores, Inc., Respondents. DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT, Petitioner below, v. CITY OF COTTAGE GROVE, Respondent below, and Wal-Mart Stores, Inc., Intervenor-Respondent below.

Court of Appeals of Oregon.

Decided December 14, 1994.

Attorney(s) appearing for the Case

Douglas M. DuPriest, Eugene, argued the cause for petitioners. With him on the brief was Hutchinson, Anderson, Cox & Coons, P.C.

Gary R. Ackley, Cottage Grove, argued the cause and filed the brief for respondent City of Cottage Grove.

Allen L. Johnson, Eugene, argued the cause for respondent Wal-Mart Stores, Inc. With him on the brief was Johnson & Kloos.

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

DEITS, Presiding Judge.

Petitioners seek review of LUBA's decision remanding the City of Cottage Grove's amendment of section 18.28.020(U) of its zoning ordinance, to add an "interstate-oriented major retail facility" as a permitted use in the city's commercial tourist zone. Petitioners oppose the amendment and, although LUBA remanded it, most of petitioners' arguments were rejected by LUBA. The apparent objective of the amendment was to allow respondent Wal-Mart...

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