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SAVE CAPE KIWANDA v. TILLAMOOK COUNTY

2001-021; A114954

34 P.3d 745 (2001)

177 Or. App. 347

SAVE OREGON'S CAPE KIWANDA ORGANIZATION, Carolyn Germane, and John L. Tenny, Petitioners, v. TILLAMOOK COUNTY and Nestucca Ridge Development, Inc., Respondents.

Court of Appeals of Oregon.

Decided October 31, 2001.

Attorney(s) appearing for the Case

Christine M. Cook, Portland, argued the cause and filed the brief for petitioners.

Michael Robinson, Portland, argued the cause for respondent Nestucca Ridge Development, Inc. With him on the brief were Ellen Hawes and Stoel Rives LLP, and Jeannette M. Launer.

No appearance for respondent Tillamook County.

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

DEITS, C.J.

Petitioners seek review of a Land Use Board of Appeals (LUBA) decision affirming Tillamook County's approval of a conditional use permit allowing the development of a hotel project near the unincorporated community of Pacific City on the Oregon coast. We affirm.

We take the facts from LUBA's opinion. Respondent on review, and applicant before the county, Nestucca Ridge Development, Inc. (Nestucca Ridge) sought the modification of a conditional...

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