WOODARD v. CITY OF COTTAGE GROVE

2008022, 2008054, 2008055; A139800.

201 P.3d 210 (2009)

225 Or. App. 282

Carlton WOODARD and Martin Kilmer, Respondents, v. CITY OF COTTAGE GROVE, Respondent, and Russell Leach and Lori Leach, Petitioners.

Court of Appeals of Oregon.

Decided January 14, 2009.


Attorney(s) appearing for the Case

Bill Kloos, Eugene, argued the cause for petitioners. With him on the brief was Law Office of Bill Kloos, PC.

Jannett Wilson and Goal One Coalition waived appearance for respondents Woodward and Kilmer.

No appearance for respondent City of Cottage Grove.

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


SERCOMBE, J.

Petitioners seek review of an opinion and order of the Land Use Board of Appeals (LUBA). LUBA remanded three City of Cottage Grove ordinances that rezoned petitioners' property and an adjacent parcel and separately applied a zoning overlay district to both properties. On review, petitioners contend that LUBA erred in failing to dismiss the appeals of two of the ordinances because a separate notice of intent to appeal was not filed for each challenged...

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