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J.C. REEVES CORP. v. SHERWOOD EDUC. DIST.

LUBA 93-103; CA A82415.

869 P.2d 885 (1994)

126 Or. App. 578

J.C. REEVES CORPORATION, Petitioner, v. SHERWOOD EDUCATION DISTRICT NO. 88J, Respondent.

Court of Appeals of Oregon.

Decided March 2, 1994.

Attorney(s) appearing for the Case

William C. Cox, Portland, argued the cause and filed the brief, for petitioner.

Timothy J. Sercombe, Portland, argued the cause, for respondent. With him on the brief was Preston Thorgrimson Shidler Gates & Ellis.

James E. Green, Newberg, filed a brief amicus curiae for Oregon School Boards Ass'n.

Before DEITS, P.J., and RICHARDSON, C.J., and RIGGS, J.

DEITS, Presiding Judge.

Petitioner seeks review of LUBA's dismissal of its appeal from respondent school district's decision not to initiate proceedings to change the district's boundaries. LUBA concluded that it lacked jurisdiction over the appeal. We affirm.

LUBA concluded that the district's refusal to initiate proceedings to adjust its boundaries was neither a "statutory land use decision" subject to its review, nor a decision within LUBA's jurisdiction...

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