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REST-HAVEN MEMORIAL PARK v. CITY OF EUGENE

99-069; A121207.

74 P.3d 1107 (2003)

189 Or. App. 90

REST-HAVEN MEMORIAL PARK and Charles Wiper, III, Petitioners, v. CITY OF EUGENE, Respondent.

Court of Appeals of Oregon.

Decided August 6, 2003.

Attorney(s) appearing for the Case

Bill Kloos, Eugene, argued the cause and filed the brief for petitioners.

Emily N. Jerome argued the cause for respondent. With her on the brief were Glenn Klein, Kathryn P. Brotherton, and Harrang Long Gary Rudnick, P.C., Eugene.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.

LANDAU, P.J.

Petitioners Rest-Haven Memorial Park and Charles Wiper III, applied to the City of Eugene for a tree-cutting permit. The city approved a 12-month permit subject to conditions. Petitioners appealed the city's decision to the Land Use Board of Appeals (LUBA), challenging those conditions. In the meantime, however, the 12-month permit expired. Because of the expiration of the permit, the city moved to dismiss the appeal as moot. LUBA granted the city's motion...

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