HILDENBRAND v. CITY OF ADAIR VILLAGE

2007093; A136850.

177 P.3d 40 (2008)

217 Or. App. 623

Jerry L. HILDENBRAND; Nancy A. Hildenbrand; Ken Imamura; Joel K. Imamura; H. Peter Eilers; Kay G. Eilers; Donna D. Roth; Kenneth W. Roth; Kevin L. Armstrong; Carol J. Huntington; Michael C. Huntington; Millicent A. Burton-Funk; Kenneth H. Funk II; Bruce Thomson; Shawn Barrett; and Daniel Barrett, Petitioners, v. CITY OF ADAIR VILLAGE and JT Smith, Inc., Respondents. Jerry L. Hildenbrand; Nancy A. Hildenbrand; Ken Imamura; Joel K. Imamura; H. Peter Eilers; Kay G. Eilers; Donna D. Roth; Kenneth W. Roth; Kevin L. Armstrong; Carol J. Huntington; Michael C. Huntington; Millicent A. Burton-Funk; Kenneth II. Funk Ii; Bruce Thomson; Shawn Barrett; and Daniel Barrett, Petitioners, v. Benton County and JT Smith, Inc., Respondents.

Court of Appeals of Oregon.

Decided February 6, 2008.


Attorney(s) appearing for the Case

Jannett Wilson argued the cause for petitioners. With her on the brief was Goal One Coalition.

Roger A. Alfred, Portland, argued the cause for respondent JT Smith, Inc. With him on the brief were Michael C. Robinson and Perkins Coie LLP.

Before ROSENBLUM, Presiding Judge, and SERCOMBE, Judge, and CARSON, Senior Judge.


SERCOMBE, J.

Petitioners seek judicial review of an opinion and order of the Land Use Board of Appeals (board) that remands city and county ordinances adopted to expand an urban growth boundary. Petitioners claim that the board erred in not requiring additional justification from the local governments for the urban growth boundary expansion. We conclude that the board's order is unlawful in substance because it failed to require a justification by the local governments...

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