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PATERSON v. CITY OF BEND

2004-115; A128319.

118 P.3d 842 (2005)

Robert PATERSON, Petitioner, v. CITY OF BEND, Brian Dramen, Mark Dramen, and Gordon Dramen, Respondents.

Court of Appeals of Oregon.

Decided August 31, 2005.

Attorney(s) appearing for the Case

William H. Sherlock, Eugene, argued the cause for petitioner. With him on the brief was Hutchinson, Cox, Coons, DuPriest, Orr & Sherlock, P.C.

Elizabeth A. Dickson, Bend, argued the cause for respondents Brian Dramen, Mark Dramen, and Gordon Dramen. With her on the brief was Hurley, Lynch & Re, P.C.

No appearance for respondent City of Bend.

Before LANDAU, Presiding Judge, and HASELTON, Judge, and DEITS, Judge pro tempore.

LANDAU, P.J.

Brian, Mark, and Gordon Dramen (the Dramens) sought, and obtained, approval from the City of Bend for a phased tentative plan for a subdivision. Petitioner, a neighboring property owner, appealed to the Land Use Board of Appeals (LUBA), challenging the approval on a number of different grounds. LUBA rejected some of petitioner's contentions and affirmed the city's decision in substantial part, but it agreed with petitioner in part and remanded the city...

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