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LINDSTEDT v. CITY OF CANNON BEACH

LUBA No. 96-134; CA A99519.

952 P.2d 574 (1998)

152 Or. App. 489

Norman L. LINDSTEDT and Merrinell Lindstedt, Petitioners, v. CITY OF CANNON BEACH, Respondent.

Court of Appeals of Oregon.

Decided February 11, 1998.

Attorney(s) appearing for the Case

Norman L. Lindstedt, Portland, argued the cause and filed the brief for petitioners. With him on the brief was Lindstedt, Buono & Welch.

William R. Canessa, Seaside, argued the cause and filed the brief for respondent. With him on the brief was Campbell, Moberg, Canessa, Faber & Hooley, P.C.

Before LANDAU, P.J., and DEITS, C.J., and LEESON, J.

PER CURIAM.

Petitioners seek review of LUBA's decision affirming the City of Cannon Beach's denial of a permit that petitioners sought to remove a tree located on their residential property. Petitioners' principal contention is that the city exceeded its regulatory authority by denying the permit and by requiring a permit to remove a single tree from their backyard.

The city's zoning ordinance contains provisions pertaining to the removal of trees. Paragraph...

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