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SELLWOOD-MORELAND v. CITY OF PORTLAND

Nos. 2013052, A155409.

324 P.3d 549 (2014)

262 Or. App. 9

SELLWOOD-MORELAND IMPROVEMENT LEAGUE, Renate Powell and Andrea Muir, Petitioners below, and Lisa Brown, Andrea Raven, Denise Kelsey, George Wolters, Phyllis Boyer, Carey Smith, Devon Carberry, Todd Benson, Sharon Benson, Beth Kluender, Cassandra Zimmerman and Mary Chris Mass, Petitioners, v. CITY OF PORTLAND; Bama Designs; and Moreland Station Apartments, LLC, Respondents.

Court of Appeals of Oregon.

Decided April 2, 2014.

Attorney(s) appearing for the Case

Andrew H. Stamp argued the cause for petitioners. With him on the brief was Andrew H. Stamp, P.C.

Linly F. Rees , Senior Deputy City Attorney, argued the cause and filed the brief for respondent City of Portland.

Christe White argued the cause for respondents BAMA Design and Moreland Station Apartments LLC. With her on the brief were Steven Hultberg and Radler White Parks & Alexander LLP.

Before WOLLHEIM, Presiding Judge, and LAGESEN, Judge, and SCHUMAN, Senior Judge.

WOLLHEIM, P.J.

The Portland Design Commission (design commission) approved a design review proposal from respondents Bama Design and Moreland Station Apartments, LLC (collectively, Moreland) for a 68-unit apartment building in the Sellwood-Moreland neighborhood within the City of Portland (the Moreland proposal). The Moreland proposal included a transfer of 34 units from an adjacent site, known as a density transfer, to increase...

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