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STAUS v. CITY OF CORVALLIS

2004-091, 2004-093; A126868.

111 P.3d 759 (2005)

199 Or. App. 217

Nancy STAUS, Gerald Heilman, and John Foster, Petitioners below, Joan Rose, Petitioner, v. CITY OF CORVALLIS and Group MacKenzie, Respondents.

Court of Appeals of Oregon.

Decided April 20, 2005.

Attorney(s) appearing for the Case

Bill Kloos argued the cause for petitioner. With him on the brief was Law Office of Bill Kloos, PC.

Jim Brewer argued the cause for respondent City of Corvallis. On the brief were David E. Coulombe, Corvalles, and Fewel & Brewer.

Michael J. Lilly, Portland, argued the cause and filed the brief for respondent Group MacKenzie.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.

LANDAU, P.J.

This land use case comes to us with a history that is complex and saturated with land use planning jargon. But the heart of the dispute involves a relatively straightforward issue about whether the text of a comprehensive plan takes precedence over the colors on a comprehensive plan map. The Land Use Board of Appeals (LUBA) concluded that the text controls, and we agree. We therefore affirm.

Home Depot proposed to build a new store in the Corvallis...

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