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ODOT v. CITY OF KLAMATH FALLS

2000-147; A114322

34 P.3d 667 (2001)

177 Or. App. 1

DEPARTMENT OF TRANSPORTATION, Respondent, v. CITY OF KLAMATH FALLS, Respondent below, and Southview Properties Development, LLC, Petitioner.

Court of Appeals of Oregon.

Decided October 3, 2001.

Attorney(s) appearing for the Case

D. Daniel Chandler argued the cause for petitioner. With him on the brief were Sarah E. Kamman and Schwabe, Williamson & Wyatt, P.C., Bend.

Jas. Jeffrey Adams, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

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

DEITS, C.J.

Petitioner, Southview Properties Development, LLC (Southview), seeks review of a final opinion and order of the Land Use Board of Appeals (LUBA) remanding to the City of Klamath Falls its approval of an amendment to the "Southview" planned unit development (PUD). ODOT v. City of Klamath Falls, 39 Or LUBA 641 (2001). We affirm.

We take the facts from LUBA's order. The city approved the Southview PUD in 1979. It consisted of approximately...

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