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NICITA v. CITY OF OREGON CITY

A164237.

399 P.3d 1087 (2017)

286 Or. App. 659

James J. NICITA, Petitioner Cross-Respondent, and Elizabeth Graser-Lindsey, Christine Kosinski, and Paul Edgar, Intervenors-Petitioners below, v. CITY OF OREGON CITY, Respondent Cross-Respondent, and Historic Properties, LLC, Respondent Cross-Petitioner.

Court of Appeals of Oregon.

July 6, 2017.

Attorney(s) appearing for the Case

James J. Nicita argued the cause and filed the briefs for petitioner-cross-respondent pro se.

Seth King , Portland, argued the cause for respondent-cross-petitioner Historic Properties, LLC. With him on the brief were Michael C. Robinson and Perkins Coie LLP.

Carrie A. Richter argued the cause for respondent-cross-respondent City of Oregon City. With her on the brief was Bateman Seidel Miner Blomgren Chellis & Gram, P. C.

Before DeVore, Presiding Judge, and Lagesen, Judge, and Duncan, Judge pro tempore.

Petitioner seeks judicial review of a final order of the Land Use Board of Appeals (LUBA). In that order, LUBA remanded the City of Oregon City's decision to approve comprehensive plan map and zoning map amendments for Historic Properties, LLC property. LUBA's remand was based on its determination that the city's decision...

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