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JOHNSON v. CITY OF LA GRANDE

(LUBA No. 99-053; CA A108908)

1 P.3d 1036 (2000)

167 Or. App. 35

Jack JOHNSON and Patricia Johnson, Respondents—Cross-Petitioners, v. CITY OF LA GRANDE, Petitioner— Cross-Respondent.

Court of Appeals of Oregon.

Decided May 3, 2000.

Attorney(s) appearing for the Case

Martin Birnbaum argued the cause and filed the brief for petitioner—cross-respondent.

Mark Tipperman, La Grande, argued the cause and filed the brief for respondents— cross-petitioners.

Jeffrey G. Condit, Lake Oswego, and Miller Nash LLP filed the brief amicus curiae for League of Oregon Cities.

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

DEITS, C.J.

The City of La Grande adopted a decision to annex a 155-parcel area, including respondents Johnsons' (respondents) property, without an election pursuant to ORS 222.170. Respondents appealed to LUBA, which remanded the decision to the city. The city petitions and respondents cross-petition for our review. We affirm.

We begin by setting out the relevant statutes. ORS 222.170(1) provides for annexation without an election

"if more than half...

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