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CLARK v. CITY OF ALBANY

LUBA No. 94-229; CA A89177.

904 P.2d 185 (1995)

137 Or. App. 293

William F. CLARK, Petitioner-Cross-Respondent, v. CITY OF ALBANY, a municipal corporation, Respondent-Cross-Petitioner.

Court of Appeals of Oregon.

Decided October 18, 1995.

Attorney(s) appearing for the Case

Edward F. Schultz, Albany, argued the cause for petitioner-cross-respondent. With him on the briefs was Weatherford, Thompson, Quick & Ashenfelter, P.C.

James V. B. Delapoer, Albany, argued the cause for respondent-cross-petitioner. With him on the brief was Long, Delapoer, Healy & McCann, P.C.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

DEITS, Presiding Judge.

Petitioner seeks review of and the City of Albany cross-petitions from LUBA's remand of the city's limited land use decision approving and imposing conditions on petitioner's site plan for a fast food drive-in restaurant. The site plan review is an early stage in the application process and precedes the eventual decision on building permits and other final project approvals. The principal issues that both parties raise involve the consistency...

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