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CARLSON v. CITY OF DUNES CITY

LUBA Nos. 95-020, 95-023; CA A90746.

911 P.2d 1279 (1996)

139 Or. App. 343

John S. CARLSON and Robert Anderson, Petitioners, v. CITY OF DUNES CITY, Harry R. Wilkes and Scott B. Robbins, Respondents. William A. PARSHALL and Robert Anderson, Petitioners, v. CITY OF DUNES CITY, Harry R. Wilkes and Scott B. Robbins, Respondents.

Court of Appeals of Oregon.

Decided February 28, 1996.

Attorney(s) appearing for the Case

Linly A. Ferris, Portland, argued the cause for petitioners. With her on the brief were Robert E. Stacey, Jr., and Ball, Janik & Novack.

Paul V. Vaughan, Eugene, argued the cause for respondent Harry R. Wilkes. With him on the brief was Hershner, Hunter, Moulton, Andrews & Neill.

Meg E. Kieran, Springfield, argued the cause for respondent Scott B. Robbins. With her on the brief was Joseph J. Leahy.

No appearance for respondent City of Dunes City.

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

DEITS, Presiding Judge.

Petitioners seek review of LUBA's decision remanding on one ground, but rejecting most of petitioners' contentions concerning the City of Dunes City's approval of respondents Wilkes' and Robbins' (collectively respondents) tentative plat for a subdivision. We reverse.

In 1966, the city adopted ordinance 15, which purported to annex an area that includes the proposed subdivision location. It is unclear what became of the proposed annexation...

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