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TIRUMALI v. CITY OF PORTLAND

(LUBA 2000-005, 2000-007 and 2000-018; CA A110016)

7 P.3d 761 (2000)

169 Or. App. 241

Nagendra TIRUMALI; Parimali Tirumali; Kateland Wells; Tony Milhizer; Connie Kiener; Geoff Levear; Joyce Levear; Eiko Politz; Wes Ross; Dorothy Ross; Gail Ingalesbe; Russ Carson and Esther Tolls, Petitioners, v. CITY OF PORTLAND, Respondent. Jerry L. Ward; Nancy A. Ward; Nagendra Tirumali; Parimali Tirumali; Kateland Wells; Tony Milhizer; Connie Kiener; Geoff Levear; Joyce Levear; Eiko Politz; Wes Ross; Dorothy Ross; Gail Ingalesbe; Russ Carson and Esther Tolls, Petitioners, v. City of Portland, Respondent, and Linda Gaeth and Steven Orcutt, Intervenors-Respondents. David Jubitz; Mary Jubitz; Mary Lou Stribling; Donald Berg; Carole A. Cooke; Thomas Malloy; Eleanor Malloy; Jeffrey M. Lang and Ramona Svendgard, Petitioners, v. City of Portland, Respondent, and Linda Gaeth and Steven Orcutt, Intervenors-Respondents.

Court of Appeals of Oregon.

Decided July 26, 2000.

Attorney(s) appearing for the Case

Daniel Kearns argued the cause for petitioners. With him on the brief was Reeve Kearns, PC.

Frank Hudson, Deputy City Attorney, argued the cause and filed the brief for respondent.

No appearance for intervenors-respondents.

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

KISTLER, P.J.

Petitioners filed separate appeals to LUBA from the City of Portland's issuance of a residential building permit, and a revised permit to respondents Gaeth and Orcutt, as well as an explanatory letter from the City's planning director concerning the permits. Petitioners contended, inter alia, that the city erred by allowing respondents to use an artificial, earth-filled "finished grade," rather than the "original grade" of the sloping property...

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