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McCLURE v. CITY OF SPRINGFIELD

2000-115; A113253

28 P.3d 1222 (2001)

175 Or. App. 425

Robert McCLURE and Sharon McClure, Respondents-Cross-Petitioners, v. CITY OF SPRINGFIELD, Petitioner-Cross-Respondent.

Court of Appeals of Oregon.

Decided July 20, 2001.

Attorney(s) appearing for the Case

Meg E. Kieran argued the cause for petitioner-cross-respondent. With her on the cross-respondent's brief was Harold, Leahy & Kieran, Springfield.

David J. Hunnicutt, Tigard, argued the cause and filed the brief for respondents-cross-petitioners.

Before DEITS, Chief Judge, and BREWER, Judge, and VAN HOOMISSEN, Senior Judge.

BREWER, J.

The City of Springfield (the city) seeks review of a Land Use Board of Appeals (LUBA) decision remanding, for the second time, its approval of a land partition sought by Robert and Sharon McClure (the McClures). As pertinent here, the city imposed conditions requiring dedications of property for a street right-of-way, a sidewalk, and a "clipped corner" for vision clearance purposes. The McClures cross-petition for review, asserting that LUBA erred in upholding...

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