KNUTSON FAMILY LLC v. CITY OF EUGENE

No. 2004-100, 2004-106; A127379.

114 P.3d 1150 (2005)

200 Or. App. 292

KNUTSON FAMILY LLC, Petitioner below, v. CITY OF EUGENE, Respondent below, and Carl Bothman, Chris Bothman and Carlee Investments, LLC, Intervenors-Respondents below. Carl Bothman, Chris Bothman and Carlee Investments, LLC, Petitioners, v. City of Eugene and Knutson Family LLC, Respondents.

Court of Appeals of Oregon.

Decided June 22, 2005.


Attorney(s) appearing for the Case

Douglas DuPriest argued the cause for petitioners. On the brief were William H. Sherlock and Hutchinson, Cox, Coons, DuPriest, Orr & Sherlock, P.C.

Bill Kloos, Eugene, argued the cause for respondent Knutson Family LLC. On the brief were Dan Terrell and Law Office of Bill Kloos, PC.

No appearance for respondent City of Eugene.

Before SCHUMAN, Presiding Judge, and BREWER, Chief Judge, and DEITS, Judge pro tempore.


BREWER, C.J.

Petitioners seek review of an order of the Land Use Board of Appeals (LUBA) that remanded the City of Eugene's denial of an application to rezone five parcels of property that are owned or controlled by Knutson.1 Knutson Family LLC v. City of Eugene, 48 Or. LUBA 399 (2005). The critical legal issue underlying the propriety of the city's decision is whether the plan designation...

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