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HALLMARK INNS & RESORTS v. CITY

2002-049; A119553.

65 P.3d 300 (2003)

186 Or. App. 710

HALLMARK INNS & RESORTS, INC., an Oregon corporation, Petitioner-Cross-Respondent, v. CITY OF LAKE OSWEGO, Respondent-Cross-Petitioner.

Court of Appeals of Oregon.

Decided March 13, 2003.

Attorney(s) appearing for the Case

Mary Ellen Page Farr, Portland, argued the cause and filed the briefs for petitioner-cross-respondent.

Evan P. Boone, Newport, argued the cause for respondent-cross-petitioner. With him on the brief was David D. Powell, Lake Oswego City Attorney.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.

WOLLHEIM, J.

Hallmark Inns and Resorts, Inc. (Hallmark) seeks review of a Land Use Board of Appeals (LUBA) decision affirming the City of Lake Oswego's (the city) denial of Hallmark's request for modification of a condition attached to a development permit issued to Hallmark in 1993. We reverse and remand for LUBA to consider the predicate question of whether the challenged condition applied to a paved pathway1 across Hallmark's property...

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