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RHODES v. CITY OF TALENT

2004-076, A126346.

104 P.3d 1180 (2005)

197 Or. App. 169

Romie A. RHODES, Respondent, v. CITY OF TALENT, Respondent, and Oregon Department of Transportation, Petitioner.

Court of Appeals of Oregon.

Decided January 26, 2005.

Attorney(s) appearing for the Case

Jas. Jeffrey Adams, Assistant Attorney General, argued the cause for petitioner. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Stephen Mountainspring, Roseburg, argued the cause for respondent Romie A. Rhodes. With him on the brief was Dole, Coalwell, Clark, Mountainspring, Mornarich & Aitken, P.C.

No appearance for Respondent City of Talent.

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

EDMONDS, P.J.

Petitioner, Oregon Department of Transportation (ODOT), seeks review of a Land Use Board of Appeals (LUBA) decision remanding the City of Talent's decision regarding certain proposed improvements to Oregon Highway 99 within its city limits. Rhodesv. City of Talent, 47 Or. LUBA 574 (LUBA No.2004-076, Sept. 27, 2004). We affirm.

The city's resolution at issue in this case authorizes city officials to sign a cooperative improvement agreement...

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