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DLCD v. CITY OF KLAMATH FALLS

A165983.

416 P.3d 326 (2018)

290 Or.App. 495

DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT, Respondent Cross-Petitioner, v. CITY OF KLAMATH FALLS and Badger Flats, LLP, Petitioners Cross-Respondents.

Court of Appeals of Oregon.

February 28, 2018.

Attorney(s) appearing for the Case

Gregory S. Hathaway , Portland, argued the cause for petitioners-cross-respondents. With him on the brief were Hathaway Larson LLP and Joanna Lyons-Antley .

Denise G. Fjordbeck , Assistant Attorney General, Salem, argued the cause for respondent-cross-petitioner. On the brief were Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Judy C. Lucas , Assistant Attorney General.

Before DeHoog, Presiding Judge, and Egan, Chief Judge, and Aoyagi, Judge.

This case involves review of a decision of the Land Use Board of Appeals (LUBA). In 2017, the City of Klamath Falls approved an urban growth boundary (UGB) amendment that added 22.7 acres of land owned by Badger Flats, LLP, to the urban area that is included within the boundary.1 The Department of Land Conservation...

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