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STEVENS v. CITY OF ISLAND CITY

2013036;A155003.

324 P.3d 477 (2014)

260 Or. App. 768

Scott STEVENS and Debra Stevens, Petitioners v. CITY OF ISLAND CITY and Jon Fregulia, Respondents.

Court of Appeals of Oregon.

Decided February 5, 2014.

Attorney(s) appearing for the Case

Philip M. Wasley argued the cause for petitioners. With him on the brief was Wasley Law Office, P.C.

Jennifer M. Bragar waived appearance for respondent City of Island City.

No appearance for respondent Jon Fregulia.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.

ARMSTRONG, P.J.

Over objections of petitioners and others, the City of Island City approved an application for a home-occupation permit, which imposed conditions upon, but allowed the operation of, a commercial trucking company out of a rural residence in which Fregulia and his family lived. Petitioners appealed the city's decision to the Land Use Board of Appeals (LUBA), raising nine assignments of error. LUBA agreed, in part, with a number of petitioners' arguments...

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