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COSTCO WHOLESALE CORP. v. CITY OF BEAVERTON

2005-044, 2005-046, 2005-050, 2005-053; A130488.

136 P.3d 1219 (2006)

206 Or. App. 380

COSTCO WHOLESALE CORPORATION, Petitioner below, and Henry Kane, Intervenor-Petitioner below, v. CITY OF BEAVERTON, Respondent below. Wells Real Estate Funds, Inc., Petitioner, v. City of Beaverton, Respondent. Bold, LLC, Petitioner, and Henry Kane, Intervenor-Petitioner below, v. City of Beaverton, Respondent. C.E. John Company, Inc., Petitioner below, and Henry Kane, Intervenor-Petitioner below, v. City of Beaverton, Respondent below.

Court of Appeals of Oregon.

Decided June 14, 2006.

Attorney(s) appearing for the Case

Jack L. Orchard, Portland, argued the cause for petitioners. With him on the brief were Dana L. Krawczuk and Ball Janik LLP.

Alan A. Rappleyea, Hillsboro, argued the cause for respondent. With him on the brief was Theodore R. Naemura, Portland.

Thomas Sponsler, Gresham, Spencer Q. Parsons, and Beery, Elsner & Hammond, LLP filed the brief amicus curiae for League of Oregon Cities.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

HASELTON, P.J.

Petitioners on review Wells Real Estate Funds, Inc. (Wells), and Bold, LLC (Bold), seek judicial review of an order of the Land Use Board of Appeals (LUBA) that affirmed the decision of the City of Beaverton (city) that annexed certain parcels of land pursuant to the "island annexation" statute, ORS 222.750.1 Petitioners argue, in part, that LUBA erroneously construed ORS 222.750 to authorize annexation of property without...

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