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MOUNTAIN WEST INV. v. CITY OF SILVERTON

No. 2000-093; A113824

30 P.3d 420 (2001)

175 Or. App. 556

MOUNTAIN WEST INVESTMENT CORPORATION, an Oregon corporation, Respondent, and Milton Robinson, Respondent-Cross-Petitioner, v. CITY OP SILVERTON, Respondent below, and North Water Street, LLC, Petitioner-Cross-Respondent.

Court of Appeals of Oregon.

Decided August 8, 2001.

Attorney(s) appearing for the Case

E. Michael Connors, Portland, argued the cause for petitioner-cross-respondent. With him on the briefs were Christopher P. Koback and Davis Wright Tremaine LLP.

Donald M. Kelley, Silverton, argued the cause for respondent-cross-petitioner. With him on the brief were Patrick E. Doyle, Silverton, and Kelley & Kelley.

No appearance for respondent Mountain West Investment Corporation.

Before HASELTON, Presiding Judge, and WOLLHEIM and KISTLER, Judges.

HASELTON, P.J.

Petitioner, North Water Street, LLC, petitions for judicial review of a LUBA final opinion and order remanding a City of Silverton Planning Commission decision. LUBA remanded the decision for a determination of the extent to which the city zoning ordinance provision controlling lot line adjustments requires consideration of the proposed use of the property. Cross-petitioner Milton Robinson seeks judicial review...

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