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SHAFFER v. CITY OF SALEM

LUBA No. 95-017; CA A89710.

905 P.2d 1175 (1995)

137 Or. App. 583

Mickey SHAFFER, Petitioner, v. CITY OF SALEM and Tosco Northwest Company, Respondents.

Court of Appeals of Oregon.

Decided November 15, 1995.

Attorney(s) appearing for the Case

James L. McGehee, Stayton, argued the cause for petitioner. With him on the brief was McGehee & Meiners.

Paul A. Lee, Assistant City Attorney, argued the cause for respondent City of Salem, and Jon Stride, Portland, argued the cause for respondent Tosco Northwest Company. With Paul A. Lee on the brief was Max M. Miller, Jr., Portland.

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

DEITS, Presiding Judge.

Pursuant to section 114.200 of the Salem city code, petitioner appealed to the city council from a hearings officer's decision granting a variance sought by respondent Tosco Northwest Company. The city planning manager notified petitioner's attorney by letter that "[t]he City of Salem must reject this appeal because it is untimely," having not been filed within 15 days after the hearings officer's decision as required by section

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