WEYERHAEUSER REAL ESTATE DEV'T v. POLK CTY.

2011022; A148925.

267 P.3d 855 (2011)

246 Or. App. 548

WEYERHAEUSER REAL ESTATE DEVELOPMENT COMPANY, Petitioner, v. POLK COUNTY, Pat Wheeler, Sarah Deumling, Karen Farmer, and Tremaine Arkley, Respondents.

Court of Appeals of Oregon.

Decided November 9, 2011.


Attorney(s) appearing for the Case

Steven L. Pfeiffer , Portland, argued the cause for petitioner. With him on the brief were Corinne S. Celko and Perkins Coie LLP.

Charles Swindells , Portland, argued the cause for respondents Polk County and Sarah Deumling. With him on the brief was David Doyle .

No appearance for respondents Pat Wheeler, Karen Farmer, and Tremaine Arkley.

Before SCHUMAN, Presiding Judge, and BREWER, Chief Judge, and NAKAMOTO, Judge.


NAKAMOTO, J.

Petitioner seeks judicial review of an order of the Land Use Board of Appeals (LUBA) affirming Polk County's denial of petitioner's request for three property line adjustments. The key dispute is whether petitioner owns four lots and may adjust the property lines between them (as petitioner argues) or whether petitioner merely owns a parcel containing the area of those lots (as the county decided and LUBA affirmed...

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