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WAL-MART STORES v. CITY OF OREGON CITY

2004-124; A129946.

129 P.3d 702 (2006)

204 Or. App. 359

WAL-MART STORES, INC., Rocky Younger and Janice Younger, Respondents, v. CITY OF OREGON CITY and Hilltop Properties, LLC, Petitioners.

Court of Appeals of Oregon.

Decided February 15, 2006.

Attorney(s) appearing for the Case

William K. Kabeiseman, Portland, argued the cause for petitioner City of Oregon City. With him on the brief were Edward J. Sullivan, Carrie A. Richter, and Garvey Schubert Barer.

Kelly S. Hossaini, Portland, argued the cause for petitioner Hilltop Properties, LLC. With her on the brief were Phillip E. Grillo and Miller Nash LLP.

E. Michael Conners, Portland, argued the cause for respondent Wal-Mart Stores, Inc. With him on the brief was Gregory S. Hathaway.

No appearance for respondents Rocky Younger and Janice Younger.

Before EDMONDS, Presiding Judge, and BREWER, Chief Judge, and WOLLHEIM, Judge.

WOLLHEIM, J.

Petitioners, City of Oregon City and Hilltop Properties, LLC, seek review of a Land Use Board of Appeals (LUBA) opinion remanding a decision by the Oregon City Commission (commission) denying an application by respondent, Wal-Mart Stores, Inc. (Wal-Mart), to construct a retail facility within the city limits. LUBA's recitation of the basic facts are not disputed; we therefore include those facts below:

"The subject property is a 12.87-acre parcel...

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