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SCHWERDT v. CITY OF CORVALLIS

(LUBA No. 98-193; CA A106739)

987 P.2d 1243 (1999)

163 Or. App. 211

Karen M. SCHWERDT, Kristin M. Kent, Norman R. Fraser, Rod R. Edel, Michael G. Taylor, Andrea Taylor and Edward Epley, Petitioners, v. CITY OF CORVALLIS and Oregon State Board of Higher Education, Respondents.

Court of Appeals of Oregon.

Decided October 13, 1999.

Attorney(s) appearing for the Case

Bill Kloos, Eugene, argued the cause and filed the brief for petitioner Rod Edel.

William H. Sherlock and Hutchinson, Anderson, Cox, Coons & DuPriest, P.C., Eugene, filed the brief for petitioners Karen M. Schwerdt, Kristin M. Kent, Norman R. Fraser, Michael G. Taylor, Andrea Taylor, and Edward Epley.

James K. Brewer, Corvallis, argued the cause for respondent City of Corvallis. With him on the brief was City Attorney's Office.

Denise G. Fjordbeck, Assistant Attorney General, argued the cause for respondent Oregon State Board of Higher Education. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

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

DEITS, C.J.

Petitioners seek review of LUBA's decision remanding, but nevertheless rejecting most of petitioners' specific challenges to, the City of Corvallis's approval of Oregon State University's (OSU) proposal to develop a "privately owned and operated" 156-room `hotel/conference facility with restaurant and lounge' on the OSU campus. The principal issue petitioners raised before LUBA, and raise here, is whether the city council's interpretation of its Land Development...

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