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CONTE v. CITY OF EUGENE

A166896.

425 P.3d 494 (2018)

292 Or. App. 625

Paul CONTE and Bryn Thoms, Petitioners below, and Rachel Stedman, Intervenor-Petitioner below, and Olive Rossman, Petitioner, v. CITY OF EUGENE and Oakleigh Meadow Co-Housing, Respondents.

Court of Appeals of Oregon.

July 5, 2018.

Attorney(s) appearing for the Case

William K. Kabeiseman argued the cause for petitioner. Also on the briefs was Bateman Seidel Miner Blomgren Chellis & Gram, P.C.

Lauren A. Sommers argued the cause and filed the brief for respondent City of Eugene.

Zack P. Mittge , Eugene, argued the cause for respondent Oakleigh Meadow Co-Housing. Also on the brief were William H. Sherlock and Hutchinson Cox .

Before DeVore, Presiding Judge, and Lagesen, Judge, and James, Judge.

Petitioner seeks judicial review after the Land Use Board of Appeals (LUBA) denied her motion to intervene in an appeal of the City of Eugene's approval of a development application. LUBA ruled that petitioner had not "appeared" before the city during the proceedings on the application and therefore was not entitled to intervene

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