HARDTLA v. CITY OF CANNON BEACH

992219; A110719.

52 P.3d 437 (2002)

183 Or.App. 219

Sandra HARDTLA, Appellant, v. CITY OF CANNON BEACH, an Oregon municipal corporation; Earl H. Twietmeyer; Elaine G. Twietmeyer; Mark D. Twietmeyer; Beth A. Clayton; Sharon M. Muck; Lisa K. Fox; and Twietmeyer Properties, a partnership, Respondents.

Court of Appeals of Oregon.

Decided August 7, 2002.


Attorney(s) appearing for the Case

Jeffrey M. Kilmer, Portland, argued the cause for appellant. With him on the briefs were Gregory B. Snook, Christopher T. Carson and Kilmer, Voorhees & Laurick, P.C.

Ruth Casby Rocker, Portland, argued the cause for respondent City of Cannon Beach. With her on the brief were Janet M. Schroer and Hoffman, Hart & Wagner, LLP.

William H. Walters, Portland, argued the cause for respondents Earl H. Twietmeyer, Elaine G. Twietmeyer, Mark D. Twietmeyer, Beth A. Clayton, Sharon M. Muck, Lisa K. Fox and Twietmeyer Properties. With him on the brief were Dennis P. Rawlinson and Miller Nash LLP.

Before ARMSTRONG, Presiding Judge, and KISTLER, Judge, and WARREN, Senior Judge.


KISTLER, J.

The City of Cannon Beach approved defendants' application to build a garage with a guest room on their property.1 Plaintiff filed a complaint in the trial court challenging the city's decision to approve the application.

The court dismissed the complaint because the Land Use Board of Appeals (LUBA) has exclusive jurisdiction to review the city's decision.2...

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