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HOME DEPOT U.S.A., INC. v. CITY OF PORTLAND

(LUBA No. 99-078; CA A110155)

10 P.3d 316 (2000)

169 Or. App. 599

HOME DEPOT U.S.A., INC., Petitioner, v. CITY OF PORTLAND and T.M.T. Development Company, Inc., Respondents.

Court of Appeals of Oregon.

Decided September 13, 2000.

Attorney(s) appearing for the Case

Timothy S. "Todd" Sadlo, Portland, argued the cause for petitioner. With him on the brief were Frank M. Parisi, Portland, and Parisi & Parisi, PC, and Corinne C. Sherton, Eugene, and Johnson & Sherton P.C.

Kathryn S. Beaumont, Senior Deputy City Attorney, argued the cause and filed the brief for respondent City of Portland.

No appearance for respondent T.M.T. Development Company, Inc.

Before LINDER, Presiding Judge, and DEITS, Chief Judge, and BREWER, Judge.

DEITS, C.J.

Petitioner operates "large format retail uses" that, as usually configured, exceed 60,000 square feet in size. In 1999, the City of Portland amended its zoning ordinance to make retail facilities of that size non-permitted in certain "industrial districts" where they previously had been conditionally permissible. The amendment also made the uses only conditionally permissible in certain "employment districts" where they had previously been permitted outright...

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