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ODOT v. CITY OF OREGON CITY

LUBA No. 97-046; CA A100949.

959 P.2d 615 (1998)

153 Or. App. 705

OREGON DEPARTMENT OF TRANSPORTATION, Respondent, v. CITY OF OREGON CITY, Petitioner.

Court of Appeals of Oregon.

Decided May 13, 1998.

Attorney(s) appearing for the Case

Daniel Kearns, Portland, argued the cause for petitioner. With him on the brief was Preston Gates & Ellis LLP.

John T. Bagg, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

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

DEITS, Chief Judge.

The City of Oregon City seeks review of LUBA's decision remanding a comprehensive plan amendment and zone change. The city's only assignment is that LUBA erred by denying its motion to dismiss the Oregon Department of Transportation's (ODOT) appeal from the city's action.

The city contended in its motion that the appeal to LUBA was untimely under ORS 197.830(8), which provides:

"A notice of intent to appeal a land use decision...

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