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FRIENDS OF NEABEACK HILL v. CITY OF PHILOMATH

No. 95-027; CA A90489.

911 P.2d 350 (1996)

139 Or. App. 39

FRIENDS OF NEABEACK HILL and John P. Bolte, Petitioners, v. CITY OF PHILOMATH and Schneider Homes, Inc., Respondents.

Court of Appeals of Oregon.

Decided February 7, 1996.

Review Denied April 9, 1996.

Attorney(s) appearing for the Case

Hilary E. Berkman, argued the cause and filed the brief, for petitioners.

Scott A. Fewel, Corvallis, argued the cause, for respondent City of Philomath.

George B. Heilig, Portland, argued the cause, for respondent Schneider Homes, Inc. On the brief were James K. Brewer and Eickelberg & Fewel, and George B. Heilig and Cable, Huston, Benedict & Haagensen.

Before DE MUNIZ, P.J., and HASELTON and ARMSTRONG, JJ.

De MUNIZ, Presiding Judge.

Petitioners seek review of LUBA's remand of respondent City of Philomath's approval of respondent Schneider Homes, Inc.'s application to develop a subdivision in the Neabeack Hill area. Petitioners oppose the application, and they assign error to a number of LUBA's rulings in which it rejected their contentions. We write to address only their argument that LUBA erred in sustaining the city's interpretation of Resources and Hazards Policy...

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