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DODDS v. CITY OF WEST LINN

CV05030464; A133476.

193 P.3d 24 (2008)

222 Or. App. 129

David DODDS, Plaintiff-Appellant, v. The CITY OF WEST LINN, an Oregon municipal corporation, Defendant-Respondent.

Court of Appeals of Oregon.

Decided September 3, 2008.

Attorney(s) appearing for the Case

Karl G. Anuta, Portland, argued the cause for appellant. With him on the briefs were David S. Foster and Sokol & Anuta, P.C.

Stephen F. Crew, Portland, argued the cause for respondent. With him on the briefs were T. Chad Plaster and Ramis Crew Corrigan, LLP.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and ROSENBLUM, Judge.

LANDAU, P.J.

The West Linn City Council approved a resolution changing the designation of a parcel of city property from "open space" to "city-owned." Plaintiff challenged the lawfulness of the resolution by filing a petition for a writ of review. The trial court dismissed the petition. Plaintiff now appeals, arguing that the trial court erred in failing to require the city to put the redesignation decision to a vote of the people. The city contends, by way of cross...

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