FRIENDS OF HOOD v. CITY OF HOOD RIVER

2013064; A155860.

326 P.3d 1229 (2014)

263 Or. App. 80

FRIENDS OF THE HOOD RIVER WATERFRONT, Corie Lahr, and Richard Derek Bell, Respondents Cross-Petitioners, v. CITY OF HOOD RIVER, Respondent Cross-Respondent, and NBW Hood River, LLC, Petitioner Cross-Respondent. Friends of the Hood River Waterfront, Corie Lahr, and Richard Derek Bell, Respondents, v. City of Hood River, Petitioner, and NBW Hood River, LLC, Intervenor-Respondent below.

Court of Appeals of Oregon.

Decided May 21, 2014.


Attorney(s) appearing for the Case

Steven L. Naito argued the cause for petitioner-cross-respondent NBW Hood River, LLC. With him on the briefs was Tarlow Naito & Summers, LLP.

Daniel H. Kearns argued the cause for petitioner-respondent-cross-respondent City of Hood River. With him on the briefs was Reeve Kearns, PC.

Brent C. Foster argued the cause and filed the briefs for respondents-cross-petitioners Friends of the Hood River Waterfront, Corie Lahr, and Richard Derek Bell.

Before DUNCAN, Presiding Judge, and WOLLHEIM, Judge, and LAGESEN, Judge.


LAGESEN, J.

Petitioners NBW Hood River, LLC, (NBW) and the City of Hood River (the city) petition for judicial review of a final order of the Land Use Board of Appeals (LUBA). The order remanded the city's decision granting conditional use and preliminary site plan approval for a waterfront office and hotel development proposed by NBW.1 The issue on review is whether LUBA erred when it rejected as implausible the city's interpretation...

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