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WILLAMETTE OAKS, LLC v. CITY OF EUGENE

2010060, 2010061, 2010062; A148149.

261 P.3d 85 (2011)

245 Or. App. 47

WILLAMETTE OAKS, LLC, Respondent Cross-Petitioner, v. CITY OF EUGENE, Petitioner Cross-Respondent, and Goodpasture Partners, LLC, Respondent Cross-Respondent. Goodpasture Partners, LLC, Respondent Cross-Respondent, v. City of Eugene, Petitioner Cross-Respondent, and Willamette Oaks, LLC, Respondent Cross-Petitioner.

Court of Appeals of Oregon.

Decided August 17, 2011.

Attorney(s) appearing for the Case

Emily N. Jerome argued the cause and filed the briefs for petitioner-cross-respondent.

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

Michael C. Robinson , Portland, argued the cause for respondent-cross-respondent. With him on the brief were Seth J. King and Perkins Coie LLP.

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

ARMSTRONG, J.

The City of Eugene (the city) seeks review of a final order of the Land Use Board of Appeals (LUBA) that affirmed, in part, a Eugene planning commission decision upholding a local hearings officer's approval of an application by Goodpasture Partners, LLC (Goodpasture), for a planned unit development. LUBA also ordered a limited remand to the city to address the planning commission's resolution of a challenge by Willamette Oaks, LLC (Willamette Oaks)...

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