VISHER v. CITY OF CANNON BEACH

LUBA No. 98-030; CA A103495.

973 P.2d 372 (1999)

158 Or. App. 146

Paul VISHER, Petitioner, v. CITY OF CANNON BEACH, Breakers Point Homeowners Assn., Mark Borquist, Bruce Francis and Mel Shulevitz, Respondents.

Court of Appeals of Oregon.

Decided January 27, 1999.


Attorney(s) appearing for the Case

Bill Kloos, Eugene, argued the cause for petitioner. With him on the brief was Johnson, Kloos & Sherton PC.

Dean N. Alterman, Portland, argued the cause for respondents Breakers Point Homeowners Assn., Mark Borquist, Bruce Francis and Mel Shulevitz. With him on the brief were Mary Ellen Page Farr and Kell, Alterman & Runstein, L.L.P.

William R. Canessa and Campbell, Moberg, Canessa, Faber & Hooley, P.C., Seaside, waived appearance for respondent City of Cannon Beach.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.


DEITS, C.J.

Petitioner appealed to LUBA from the Cannon Beach City Council's decision granting respondent Breakers Point Homeowners Assn. and the individual respondents a conditional use permit to remove and relocate 2,000 cubic yards of sand from a dune near respondents' condominiums. Although LUBA remanded the decision on a different ground, it rejected petitioner's argument that the city's interpretation of section 17.38.210.G of its zoning ordinance was "clearly...

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