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RUDELL v. CITY OF BANDON

2011032; A150018.

275 P.3d 1010 (2012)

249 Or. App. 309

Robert RUDELL and William Rudell, Petitioners, v. CITY OF BANDON, Department of Land Conservation and Development, and Jocelyn Biro, Respondents, and Carol A. Goularte and David H. Tjomsland, Intervenors-Respondents below.

Court of Appeals of Oregon.

Decided April 11, 2012.

Attorney(s) appearing for the Case

Bill Kloos , Eugene, argued the cause and filed the brief for petitioners.

Shala McKenzie Kudlac argued the cause for respondent City of Bandon. With her on the brief was Carleton Law Offices.

Erin L. Donald , Assistant Attorney General, argued the cause for respondent Department of Land Conservation and Development. With her on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

Jocelyn Biro filed the respondent's brief pro se.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

SCHUMAN, P.J.

The City of Bandon denied petitioners' application for a permit to build a house on their property near the beach because, according to the city, the property was located on the leeward side of a foredune, where development was prohibited by the Bandon Municipal Code (BMC). Petitioners appealed the city's decision to the Land Use Board of Appeals (LUBA); after first remanding the case back to the city for further factfinding, LUBA affirmed the city's...

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