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WILLAMETTE OAKS, LLC v. CITY OF EUGENE

2008173; A142351.

220 P.3d 445 (2009)

232 Or. App. 29

WILLAMETTE OAKS, LLC, Petitioner, v. CITY OF EUGENE and Goodpasture Partners, LLC, Respondents.

Court of Appeals of Oregon.

Decided November 18, 2009.

Attorney(s) appearing for the Case

Zack P. Mittge, Eugene, argued the cause for petitioner. With him on the brief were William H. Sherlock and Hutchinson, Cox, Coons, DuPriest, Orr & Sherlock, P.C.

Seth J. King, Portland, argued the cause for respondent Goodpasture Partners, LLC. With him on the brief were Michael C. Robinson, Roger A. Alfred, and Perkins Coie LLP.

Emily N. Jerome waived appearance for respondent City of Eugene.

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

EDMONDS, P.J.

Petitioner, Willamette Oaks, LLC, seeks review of the Land Use Board of Appeals (LUBA) decision affirming the City of Eugene's (city) approval of a zone change for certain land from medium-density residential to limited high-density residential, contending that LUBA's order is unlawful in substance. We review pursuant to ORS 197.850 and, on review, hold that LUBA improperly concluded that the city could lawfully defer consideration, pursuant to OAR 660...

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