N.W.D.A. v. CITY OF PORTLAND

2003-162, 2003-163, 2003-164, 2003-183, 2003-195, 2003-165, 2003-166, 2003-167; A126345.

108 P.3d 589 (2005)

198 Or. App. 286

N.W.D.A., The Community Association of Northwest Portland, Inc., Frank Dixon, and Ruth C. Roth, Petitioners, and Don Volkmer, Intervenor below, v. CITY OF PORTLAND, Nob Hill Business Association, Richard Singer, Donald Singer, CNF, Inc., John A. Onder, and Williams & Dame Development, Inc., Respondents. Nicol Investment, Inc., Petitioner below, v. City Of Portland, Respondent below, and John A. Onder and Williams & Dame Development, Inc., Intervenors below.

Court of Appeals of Oregon.

Decided March 14, 2005.


Attorney(s) appearing for the Case

Edward J. Sullivan argued the cause for petitioners. With him on the brief were Carrie A. Richter, Portland, and Garvey Schubert Barer.

Peter Kasting, Chief Deputy City Attorney, argued the cause and filed the brief for respondent City of Portland.

Timothy V. Ramis argued the cause for respondent Nob Hill Business Association. With him on the brief was Gary Firestone, Portland.

Steven W. Abel, Ellen Hawes Grover, Portland, and Stoel Rives, LLP filed the brief for respondent CNF, Inc.

Richard H. Allen, Salem, Christen C. White, and Ball Janik, LLP, Portland, filed the brief for respondents John A. Onder and Williams & Dame Development, Inc.

No appearance for respondents Richard Singer and Donald Singer.

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


DEITS, J., pro tempore

Petitioners1 seek judicial review of an order of the Land Use Board of Appeals (LUBA) concerning the City of Portland's adoption of the "Northwest District Plan" and city code amendments that authorize the construction of several commercial parking structures in the Alphabet Historic District in the Northwest District of the city. NWDA v. City of Portland, 47 Or LUBA 533 (2004). We review LUBA's order to determine...

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