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JUST v. CITY OF LEBANON

2003-043; A122516.

88 P.3d 307 (2004)

193 Or. App. 121

James JUST, Respondent, v. CITY OF LEBANON, Petitioner, and Gilbert Limited Partnership, Petitioner.

Court of Appeals of Oregon.

Decided April 21, 2004.

Attorney(s) appearing for the Case

Thomas A. McHill, and Morley, Thomas, McHill & Phillips, LLC, Lebanon, filed the briefs for petitioner City of Lebanon.

Edward F. Schultz and Weatherford, Thompson, Cowgill, Black & Schultz, P.C., Albany, filed the briefs for petitioner Gilbert Limited Partnership.

James P. Just, pro se, filed the brief for respondent.

Before DEITS, Chief Judge, and SCHUMAN, Judge, and LEESON, Judge pro tempore.

DEITS, C.J.

This judicial review is one of five concerning the City of Lebanon's decisions to annex several pieces of property and to apply particular zoning designations to those properties. James Just appealed four of the annexation and zoning decisions to the Land Use Board of Appeals (LUBA), and Friends of Linn County appealed the fifth. In each of the five cases, LUBA remanded the annexation and zoning designation because it concluded that the city had failed...

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