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BARTON v. CITY OF LEBANON

2003-003, 2003-004, 2003-005; A122550.

88 P.3d 323 (2004)

193 Or. App. 114

Blake BARTON and Friends of Linn County, Petitioners, v. CITY OF LEBANON and Lebanon Theatres, Inc., Respondents.

Court of Appeals of Oregon.

Decided April 21, 2004.

Attorney(s) appearing for the Case

Christine M. Cook argued the cause and filed the brief for petitioners.

Natasha Zimmerman, Lebanon, argued the cause for respondent City of Lebanon. With her on the brief were E. Michael Connors, Portland, and Thomas McHill, Lebanon. E. Michael Connors argued the cause for respondent Lebanon Theatres, Inc. With him on the brief was Gregory S. Hathaway, Portland.

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

DEITS, C.J.

Petitioners, Blake Barton and Friends of Linn County, seek review of a Land Use Board of Appeals (LUBA) order affirming three decisions by the City of Lebanon (the city). Barton v. City of Lebanon, 45 Or LUBA 214 (2003). Those decisions collectively facilitate the siting of a Wal-Mart Superstore. In its first decision, the city amended its comprehensive plan map to change the subject property's land use designation from Mixed Density Residential...

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