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NEIGHBORS FOR LIVABILITY v. BEAVERTON

Nos. 2000-201, 2000-202, 2000-203; A114637

35 P.3d 1122 (2001)

178 Or. App. 185

NEIGHBORS FOR LIVABILITY, Susan Cook, Robert Beard, Maura Malone, Mark John Holady, Monica Holady, and Marvin Doty, Petitioners, v. CITY OF BEAVERTON, Sorrento Construction/Briar Development Company, Steve W. Sanders, Sharon I. Inselman, Tom Gilroy, Jane Athanasakos, Nancy Pletz, Sharon Dunham, Kevin W. Teller, Paul Franich, Anne Fahlbusch, and Marie Barzen, Respondents.

Court of Appeals of Oregon.

Decided November 23, 2001.

Attorney(s) appearing for the Case

Jeffrey L. Kleinman, Portland, argued the cause and filed the brief for petitioners.

Mark E. Pilliod argued the cause for respondent City of Beaverton. Jack L. Orchard, Portland, argued the cause for respondent Sorrento Construction/Briar Development Company. With them on the brief was Ball Janik LLP.

Steven W. Sanders waived appearance for respondents Steve W. Sanders, Sharon I. Inselman, Tom Gilroy, Jane Athanasakos, Nancy Pletz, Sharon Dunham, Portland, Kevin W. Teller, Paul Franich, Anne Fahlbusch, and Marie Barzen.

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

DEITS, C.J.

Petitioners seek review of a Land Use Board of Appeals (LUBA) final opinion and order affirming a City of Beaverton zoning map amendment for an approximately 10-acre parcel. The city applied its Community Service (CS) zone to the property in place of the previous Urban Standard Density Residential (R-5) zone. The CS zone is one of six commercial zones used by the city. Petitioners claim that LUBA's affirmance of the city's rezoning decision was unlawful...

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