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GAGE v. CITY OF PORTLAND

LUBA 93-030; CA A80355; SC S40976.

877 P.2d 1187 (1994)

319 Or. 308

Dorothy GAGE and Ashcreek Neighborhood Association, Petitioners on Review, v. CITY OF PORTLAND and FP-35 Partners, Respondents on Review.

Supreme Court of Oregon.

Resubmitted July 20, 1994.

Decided July 21, 1994.

Attorney(s) appearing for the Case

Edward J. Sullivan, of Preston Thorgrimson Shidler Gates & Ellis, Portland, argued the cause and filed the petition, for petitioners on review.

Peter A. Kasting, Portland, argued the cause, for respondent City of Portland.

Jeff H. Bachrach, Portland, argued the cause, for respondent FP-35 Partners.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, UNIS and GRABER, JJ.

GILLETTE, Justice.

In Clark v. Jackson County, 313 Or. 508, 515, 836 P.2d 710 (1992), this court held that:

"[I]n reviewing a [local government's] land use decision, [the Land Use Board of Appeals (LUBA) ] is to affirm the [local government's] interpretation of its own ordinance [that is part of an acknowledged comprehensive plan,] unless LUBA determines that the [local government's...

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