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BARNES v. CITY OF HILLSBORO

2010011; A146145.

243 P.3d 139 (2010)

239 Or. App. 73

Michelle BARNES, Respondent, v. CITY OF HILLSBORO and The Port of Portland, Petitioners.

Court of Appeals of Oregon.

Decided November 24, 2010.

Attorney(s) appearing for the Case

Richard H. Allan , Portland, argued the cause for petitioners. With him on the joint brief were Ball Janik, LLP, and David F. Doughman and Beery, Elsner & Hammond, LLP.

William K. Kabeiseman , Portland, argued the cause for respondent. With him on the brief was Garvey Schubert Barer .

Chad A. Jacobs filed the brief amicus curiae for League of Oregon Cities.

Brian T. Hodges and Meriem L. Hubbard filed the brief amicus curiae for Pacific Legal Foundation.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and DUNCAN, Judge.

HASELTON, P.J.

Intervenor Port of Portland and respondent City of Hillsboro (respondents) petition for judicial review of an order of the Land Use Board of Appeals (LUBA) in which LUBA reversed Ordinance 5935, the city's ordinance that "amend[ed] the city zoning map to apply the city's Airport Use * * * zone to the Hillsboro Airport and the city's Airport Safety and Compatibility Overlay * * * zone to surrounding properties...

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