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COMPASS CORP. v. CITY OF LAKE OSWEGO

CC 92-1-134; CA A76227; SC S40507.

878 P.2d 403 (1994)

319 Or. 537

STATE ex rel. COMPASS CORPORATION, Petitioner on Review, v. The CITY OF LAKE OSWEGO, a municipal corporation of the State of Oregon, Respondent on Review.

Supreme Court of Oregon, In Banc.

Resubmitted August 8, 1994.

Decided August 11, 1994.

Reconsideration Denied September 20, 1994.

Attorney(s) appearing for the Case

Gregory S. Hathaway of Davis, Wright, Tremaine, Portland, argued the cause, for petitioner on review. With him on the petition was Timothy R. Volpert.

Cynthia L. Phillips, Deputy City Atty., Lake Oswego, argued the cause, for respondent on review. Jeffrey G. Condit, City Atty., Lake Oswego, filed the response to the petition.

Dorothy S. Cofield and David B. Smith, Tigard, filed a brief on behalf of amicus curiae Oregonians In Action.

DURHAM, Justice.

Relator Compass Corporation seeks review of a decision of the Court of Appeals that ordered dismissal, for lack of jurisdiction, of its mandamus action under ORS 227.178(7). State ex rel. Compass Corp. v. City of Lake Oswego, 121 Or.App. 486, 856 P.2d 319 (1993). The issue is whether the defendant City of Lake Oswego's (City) denial of relator's partition application deprived...

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