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CHAMBER OF COMM. v. CITY OF LINCOLN CITY

(LUBA No. 98-153; CA A107266)

991 P.2d 1080 (1999)

164 Or. App. 272

LINCOLN CITY CHAMBER OF COMMERCE and Oregonians in Action Legal Center, Petitioners, v. CITY OF LINCOLN CITY, Respondent.

Court of Appeals of Oregon.

Decided December 8, 1999.

Attorney(s) appearing for the Case

David J. Hunnicutt, Tigard, argued the cause and filed the brief for petitioners.

Christopher P. Thomas, City Attorney, argued the cause and filed the brief for respondent.

KISTLER, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.

DEITS, C. J.

Petitioners seek review of LUBA's decision affirming the City of Lincoln City's enactment of amendments to its zoning ordinance (LCZO) that petitioners contend are facially unconstitutional. We affirm.

The challenged amendments to LCZO 4.300 and LCZO 4.310 were adopted in 1998. As amended, LCZO 4.300 provides, in material part:

"(1) No building permit shall be issued for the addition, alteration, or repair, within any twelve month period...

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