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VANSPEYBROECK v. TILLAMOOK COUNTY

2007098, 2007099; A138330.

191 P.3d 712 (2008)

221 Or. App. 677

David VANSPEYBROECK, Petitioner Cross-Respondent, v. TILLAMOOK COUNTY and Camden Inns, LLC, Respondents, and Slawomir Piskorski, Respondent Cross-Petitioner. Craig Swinford, Anne Swinford, Richard Butler, Sue Butler, Robert Steele, Carleen Steele, Barbara Rice, Robert Apperson, Carol Apperson, Fred Panzer, and Gail Panzer, Petitioners Cross-Respondents, and Wes Price and Diane Price, Petitioners below, v. Tillamook County and Camden Inns, LLC, Respondents, and Slawomir Piskorski, Respondent Cross-Petitioner.

Court of Appeals of Oregon.

Decided August 13, 2008.

Attorney(s) appearing for the Case

Edward J. Sullivan, Portland, argued the cause for petitioners — cross-respondents. With him on the briefs were William K. Kabeiseman, Carrie A. Richter, and Garvey Schubert Barer.

Andrew H. Stamp argued the cause for respondent—cross-petitioner. With him on the brief was Andrew H. Stamp, P.C.

No appearance for respondents Tillamook County and Camden Inns, LLC.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.

SERCOMBE, J.

Petitioners appealed a county decision to the Land Use Board of Appeals (LUBA). The decision approved a building permit for the expansion and remodeling of a mixed-use commercial structure to include motel dwelling units on an added third floor of the building, a different configuration of a second-floor residential unit, and a new arrangement of the first-floor tavern. The decision also verified and approved the second-floor residence as a nonconforming...

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