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WILLAMETTE OAKS, LLC v. CITY OF EUGENE

2011027; A149455.

273 P.3d 219 (2012)

248 Or. App. 212

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

Court of Appeals of Oregon.

Decided February 15, 2012.

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 and Perkins Coie LLP.

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

Before ORTEGA, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.

SERCOMBE, J.

Petitioner Willamette Oaks, LLC (Willamette) seeks review of an opinion and order of the Land Use Board of Appeals (LUBA or board). LUBA remanded a decision by the City of Eugene approving plans for a modified tentative planned unit development (PUD), a final PUD, and a tentative subdivision for a five-parcel multifamily residential development proposed by Goodpasture Partners, LLC (Goodpasture). However, LUBA affirmed the city's approval of certain modifications...

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