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STEWART v. CITY OF SALEM

2009009; A142161.

219 P.3d 46 (2009)

231 Or. App. 356

Mel STEWART, Respondent, v. CITY OF SALEM, Petitioner.

Court of Appeals of Oregon.

Decided October 14, 2009.

Attorney(s) appearing for the Case

Daniel B. Atchison, Assistant City Attorney, argued the cause for petitioner. With him on the brief was City of Salem.

John Shonkwiler, Tigard, argued the cause for respondent. On the brief was William F. Hoelscher.

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

SERCOMBE, J.

Respondent City of Salem (the city) seeks review of an opinion and order of the Land Use Board of Appeals (LUBA) that reversed the city's denial of petitioner's application for approval of a tentative partition plan. The city contends that LUBA erred in concluding that petitioner adequately preserved his objections to the denial of the partition request. The city also asserts that LUBA erred in reversing, rather than remanding, the city's order denying...

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