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MORSMAN v. CITY OF MADRAS

2003-170; A125106.

100 P.3d 761 (2004)

196 Or. App. 67

Phillip D. MORSMAN; Brigitte Morsman; and Doug Shepard, Petitioners, v. CITY OF MADRAS, Respondent.

Court of Appeals of Oregon.

Decided November 3, 2004.

Attorney(s) appearing for the Case

Michael F. Sheehan, Scappoose, argued the cause and filed the brief for petitioners.

Robert Lovlien, Bend, argued the cause for respondent. With him on the brief was Bryant, Lovlien & Jarvis, P.C.

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

HASELTON, P.J.

Petitioners seek review of a decision of the Land Use Board of Appeals (LUBA) that pertains to respondent City of Madras's annexation of 759 acres, primarily used for industrial purposes, thereby increasing the size of the city by about 50 percent. Before LUBA, petitioners raised several challenges, arguing, inter alia, that (1) the "triple majority" method of annexation that the city employed pursuant to ORS 222.170(1) is unconstitutional under...

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