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FECHTIG v. CITY OF ALBANY

LUBA No. 95-256; CA A97764.

946 P.2d 280 (1997)

150 Or. App. 10

Allen D. FECHTIG, Respondent, v. CITY OF ALBANY, Respondent below, and Duane Drushella, Petitioner.

Court of Appeals of Oregon.

Decided September 17, 1997.

Attorney(s) appearing for the Case

James H. Bean, Portland, argued the cause for petitioner. With him on the brief were Robin A. Jones and Lindsay, Hart, Neil & Weigler, L.L.P.

Garry P. McMurry, Portland, argued the cause and filed the brief for respondent.

Before EDMONDS, P.J., and DEITS, C.J., and ROSSMAN, Senior Judge.

DEITS, Chief Judge.

Respondent Fechtig appealed to LUBA from the City of Albany's approval of petitioner Drushella's applications for a planned development, a 38-lot single family subdivision and related permits. LUBA affirmed the city's decision. 31 Or LUBA 410 (1996). Thereafter, Drushella petitioned for attorney fees pursuant to ORS 197.830(14)(b). Drushella seeks our review of LUBA's denial of that petition. Two questions are presented: whether there was any merit...

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