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MILNE v. CITY OF CANBY

2003-102; A123691.

96 P.3d 1267 (2004)

195 Or.App. 1

Janet MILNE, Paul Satter, Riverside Neighborhood Association, and 1000 Friends of Oregon, Petitioners-Cross-Respondents, v. CITY OF CANBY, Respondent, and Northwood Investments, Respondent-Cross-Petitioner.

Court of Appeals of Oregon.

Decided September 1, 2004.

Attorney(s) appearing for the Case

Edward J. Sullivan, Portland, argued the cause for petitioners-cross-respondents Janet Milne, Paul Satter, and Riverside Neighborhood Association. With him on the opening brief were Carrie A. Richter, Portland, and Garvey Schubert Barer. Also on the opening brief were Andrew H. Stamp and Martin Bischoff Templeton Langslet & Hoffman LLP for petitioner-cross-respondent 1000 Friends of Oregon. Andrew H. Stamp filed the answering brief for petitioner-cross-respondent 1000 Friends of Oregon.

Mark J. Greenfield argued the cause and filed the brief for respondent-cross-petitioner Northwood Investments.

John H. Kelley, Canby City Attorney, waived appearance for respondent City of Canby.

Before HASELTON, Presiding Judge, and DEITS, Chief Judge, and LEESON, Judge pro tempore.

DEITS, C.J.

The City of Canby (city) amended its urban growth boundary (UGB) to include approximately 30 acres of property that was within the city limits and entirely surrounded by property in the UGB. The city also amended its comprehensive plan and zoning map to redesignate the property from Agriculture to Low Density Residential. LUBA affirmed the city's decisions. Milne v. City of Canby, 46 Or. LUBA 213 (2004). We reverse and remand.

We take the...

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