CENTRAL EASTSIDE INDUS. COUN. v. PORTLAND

LUBA No. 93-221; CA A83177.

875 P.2d 482 (1994)

128 Or. App. 148

CENTRAL EASTSIDE INDUSTRIAL COUNCIL, an Oregon non-profit corporation, Burns Brothers, Inc., an Oregon corporation, Jack Burns, Bruce Burns, Bolliger & Sons, Inc., an Oregon corporation, Earl Bolliger, Speed's Automotive and Towing, Inc., an Oregon corporation, Harold Coe, Oregon Trucking Associations, Inc., an Oregon non-profit corporation, Wentworth Chevrolet, Co., an Oregon corporation, Greg Wentworth, Milcor, Inc., an Oregon corporation, dba The Moore Company, Randy Miller, Kathy Galbraith, Robert Butler, Freightliner Corporation, a Delaware corporation, Northwest Wholesale Distributors, Inc., an Oregon corporation, dba Stark's Vacuum Cleaners Sales & Service, Jim Stark, Ronald Gould, Ed Samons, and Bob Nagel, Jr., Petitioners, v. CITY OF PORTLAND, Respondent.

Court of Appeals of Oregon.

Decided May 25, 1994.


Attorney(s) appearing for the Case

Jeffrey L. Kleinman, Portland, argued the cause and filed the brief, for petitioners.

Kathryn Beaumont Imperati, Senior Deputy City Atty., argued, the cause and filed the brief, for respondent.

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


DEITS, Presiding Judge.

In 1993, the City of Portland adopted a resolution requesting the Oregon Department of Transportation (ODOT) not to build the "Water Avenue Ramp" (ramp) as a means of freeway access and, instead, to apply funding and development planning to other transportation alternatives. Petitioners appealed to LUBA, contending that the city's comprehensive plan "mandates" the ramp, and that the resolution therefore violates the plan. LUBA concluded that...

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