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JUST v. CITY OF LEBANON

2003-044; A122517.

88 P.3d 312 (2004)

193 Or. App. 132

James JUST, Respondent-Cross-Petitioner, and State of Oregon, Intervenor on Judicial Review, v. CITY OF LEBANON, Petitioner-Cross-Respondent, and The Cornell Family Trust, Petitioner-Cross-Respondent.

Court of Appeals of Oregon.

Decided April 21, 2004.

Attorney(s) appearing for the Case

Thomas A. McHill, Natasha A. Zimmerman, and Morley, Thomas, McHill & Phillips, LLC, Lebanon, filed the briefs for petitioner-cross-respondent City of Lebanon.

Wallace W. Lien, Salem, filed the briefs for petitioner-cross-respondent The Cornell Family Trust.

James Just filed the brief pro se.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Denise G. Fjordbeck, Assistant Attorney General, filed a response to motion to dismiss for intervenor on judicial review State of Oregon.

Christine M. Cook and Michael K. Collmeyer filed a response to motion to dismiss for amicus curiae 1000 Friends of Oregon.

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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