JAQUA v. CITY OF SPRINGFIELD

2003-072, 2003-073, 2003-077, 2003-078; A123624.

91 P.3d 817 (2004)

193 Or. App. 573

Robin JAQUA and John Jaqua, Petitioners-Cross-Respondents, and 1000 Friends of Oregon, Cross-Respondent, and Lane County, Intervenor below, v. CITY OF SPRINGFIELD and Peacehealth, Respondents-Cross-Petitioners. Coalition for Health Options in Central Eugene-Springfield, Anne S. Heinsoo, Linda Maureen Cheney, Fred Felter, and 1000 Friends of Oregon, Cross-Respondents, and Lane County, Intervenor below, v. City of Springfield and Peacehealth, Cross-Petitioners.

Court of Appeals of Oregon.

Decided June 9, 2004.


Attorney(s) appearing for the Case

Allen L. Johnson argued the cause for petitioners-cross-respondents. With him on the opening brief were Corinne C. Sherton and Johnson & Sherton, P.C., and William G. Wheatley and Jaqua & Wheatley, P.C., and William G. Wheatley and Jaqua & Wheatley, P.C. On the reply and post-oral argument briefs were Allen L. Johnson and Johnson & Sherton, P.C.

Meg E. Kieran argued the cause for respondent-cross-petitioner City of Springfield. With her on the answering brief and the cross-petition, response brief, and rebuttal/reply brief were Joseph J. Leahy and Harold, Leahy & Kieran.

Stephen L. Pfeiffer argued the cause for respondent-cross-petitioner PeaceHealth. With him on the response brief and brief on cross-petition and response brief were Michael C. Robinson, Steven P. Hultberg, Roger A. Alfred, and Perkins Coie LLP. With him on the supplemental brief were Steven L. Pfeiffer, Steven P. Hultberg, and Perkins Coie LLP.

William H. Sherlock filed the briefs for cross-respondents Coalition for Health Options in Central Eugene-Springfield, Anne S. Heinsoo, Linda Maureen Cheney, and Fred Felter. With him on the briefs was Hutchinson, Cox, Coons, Dupriest, Orr & Sherlock, P.C.

Michael K. Collmeyer argued the cause for cross-respondent 1000 Friends of Oregon. With him on the briefs was Mary Kyle McCurdy.

Glenn Klein, Eugene, and Harrang Long Gary & Rudnick P.C. filed the brief amicus curiae for League of Oregon Cities.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.


EDMONDS, P.J.

Robin and John Jaqua, owners of nearby affected land, petition for judicial review of a Land Use Board of Appeals (LUBA) decision regarding two City of Springfield ordinances. In addition, the City of Springfield (city) and PeaceHealth, the developer of a proposed regional hospital complex on the subject lands, cross-petition for judicial review of LUBA's decision.1 The challenged ordinances amend a regional land use plan...

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