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STATE EX REL. REEVES CORP. v. PORTLAND

9310-06861; CA A83118.

886 P.2d 1095 (1994)

131 Or. App. 578

STATE ex rel. J.C. REEVES CORPORATION, an Oregon corporation, and Classic Heights Development Partnership, Appellants, v. CITY OF PORTLAND, a Municipal corporation, Respondent.

Court of Appeals of Oregon.

Decided December 14, 1994.

Attorney(s) appearing for the Case

William C. Cox, Portland, argued the cause and filed the briefs for appellants.

Terence L. Thatcher, Deputy City Atty., argued the cause and filed the brief for respondent.

Before WARREN, P.J., RICHARDSON, C.J. and LANDAU, J.

RICHARDSON, Chief Judge.

In 1991, the City of Portland granted the application of plaintiffs' predecessor in title for a planned unit development (PUD). The approval was made subject to a number of conditions, including condition H. The city's decision was not appealed to LUBA. In 1993, plaintiffs brought this mandamus action, seeking to compel the city to issue permits and in other ways implement the 1991 decision with condition H deleted from it. Plaintiffs contend...

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