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DIMONE v. CITY OF HILLSBORO

2001-117, 2001-118; A116985.

47 P.3d 529 (2002)

182 Or. App. 1

Vincent DIMONE, Debra Dimone, and Edward Davis, Petitioners, v. CITY OF HILLSBORO and Zoe Anne Arrington, Respondents.

Court of Appeals of Oregon.

Decided June 4, 2002.

Attorney(s) appearing for the Case

Michael J. Lilly, Portland, argued the cause and filed the brief for petitioners Vincent Dimone and Debra Dimone.

Timothy S. "Todd" Sadlo, Portland, argued the cause and filed the brief for petitioner Edward Davis.

Jack L. Orchard, Portland, argued the cause for respondent Zoe Anne Arrington, and Timothy J. Sercombe argued the cause for respondent City of Hillsboro.

With them on the brief were Kristin L. Udvari and Ball Janik LLP.

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

DEITS, C.J.

Petitioners seek judicial review of the Land Use Board of Appeals' (LUBA's) affirmance of an amendment by the City of Hillsboro to its zoning map designation for a newly annexed area. The city's decision, Ordinance No. 5040, applied a Station Community Commercial—Multi-Modal (SCC-MM) zoning designation to the property involved in this case, replacing the Washington County R-6 zone. We reverse and remand.

The basic facts are not in dispute...

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