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STATE EX REL. LEUPOLD & STEVENS, INC. v. CITY OF BEAVERTON

C060665CV; A133201.

203 P.3d 373 (2009)

226 Or. App. 415

STATE ex rel. LEUPOLD & STEVENS, INC., an Oregon corporation, Relator-Appellant, v. CITY OF BEAVERTON, an Oregon municipal corporation, Defendant-Respondent.

Court of Appeals of Oregon.

Decided March 4, 2009.

Attorney(s) appearing for the Case

Charles F. Hinkle, Portland, argued the cause for appellant. With him on the briefs were Andrew R. Gardner, Robert D. Van Brocklin, and Stoel Rives LLP.

William J. Scheiderich, Beaverton, argued the cause for respondent.

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

PER CURIAM.

Relator, Leupold & Stevens, Inc. (Leupold), appeals the trial court's judgment dismissing its mandamus action against the City of Beaverton (the city) for lack of subject matter jurisdiction. Leupold contends that the trial court erred in concluding that the issue in this case concerns a land use decision over which the Land Use Board of Appeals has exclusive jurisdiction. It also appeals the trial court's supplemental judgment awarding attorney fees...

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