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ENTERTAINMENT CORP. v. CITY OF BEAVERTON

(LUBA 99-198; CA A111488)

19 P.3d 918 (2001)

172 Or. App. 361

OREGON ENTERTAINMENT CORPORATION, Petitioner-Cross-Respondent, v. CITY OF BEAVERTON, Respondent-Cross-Petitioner, and Park Plaza West, LLC, Respondent.

Court of Appeals of Oregon.

Decided February 7, 2001.

Attorney(s) appearing for the Case

Bradley J. Woodworth, Portland, argued the cause for petitioner-cross-respondent. With him on the briefs was Cobb, Woodworth & Holloway.

Mark Pilliod, Beaverton, argued the cause for respondent-cross-petitioner. Jeffrey G. Condit, Lake Oswego, argued the cause for respondent. With them on the brief were James F. Dulcich, Portland, and Miller Nash LLP.

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

KISTLER, J.

Petitioner operates the Fantasy Adult Video store (Fantasy Video) in the City of Beaverton. Respondent Park Plaza West (PPW) operates an office complex that adjoins the Fantasy Video location. The zone in which Fantasy Video is located allows commercial uses to be conducted between 7:00 a.m. and 10:00 p.m. but requires a conditional use permit to allow operations between 10:00 p.m. and 7:00 a.m. Petitioner applied to the respondent city for such a conditional...

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