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GMK DEVELOPMENTS, LLC v. CITY OF MADRAS

2008003, 2008005; A13968.

199 P.3d 882 (2008)

225 Or. App. 1

GMK DEVELOPMENTS, LLC and Kevin Warner, Petitioners, and Mike Adair, Joanne Adair, Norman Lee, Phyllis Lee and Wayne Lee, Intervenors-Petitioners below, v. CITY OF MADRAS and Madras Land Development Company, LLC, Respondents. Joel Fuller and Williwaw, Inc., Petitioners, and Mike Adair, Joanne Adair, Norman Lee, Phyllis Lee and Wayne Lee, Intervenors-Petitioners below, v. City of Madras and Madras Land Development Company, LLC, Respondents.

Court of Appeals of Oregon.

Decided December 31, 2008.

Attorney(s) appearing for the Case

Andrew H. Stamp argued the cause for petitioners GMK Developments, LLC, and Kevin Warner. With him on the joint brief was Bruce W. White for petitioners Joel Fuller and Williwaw, Inc.

Robert S. Lovlien, Bend, argued the cause for respondent City of Madras. With him on the brief was Bryant, Lovlien & Jarvis, P.C.

Dana L. Krawczuk, Portland, argued the cause for respondent Madras Land Development, LLC. With her on the brief were Steven P. Hultberg, Megan D. Walseth, and Ball Janik LLP.

Christopher D. Crean and Beery, Elsner & Hammond, LLP, filed the brief amicus curiae for League of Oregon Cities.

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

LANDAU, P.J.

Petitioners seek review of a decision of the Land Use Board of Appeals (LUBA) affirming the City of Madras' amendment to its comprehensive plan. The amendment adopts a report that updates analysis of the city's supply of buildable land that is available to meet housing and commercial needs. According to petitioners, LUBA erred in affirming the city's decision adopting the report for two reasons. First, they complain...

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