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M & T PARTNERS, INC. v. MILLER

A172068.

460 P.3d 117 (2020)

302 Or. App. 159

M & T PARTNERS, INC.; Pacific Realty Associates, L.P.; PacTrust Realty, Inc.; Shari Reed; Costco Wholesale Corporation; and City of Salem, Respondents, v. John MILLER, Lori Meisner, and William Dalton, Petitioners.

Court of Appeals of Oregon.

February 5, 2020.

Attorney(s) appearing for the Case

Karl G. Anuta , Portland, argued the cause for petitioners. Also on the brief were Law Office of Karl G. Anuta PC and Cary Allen.

Wendie L. Kellington , Lake Oswego, argued the cause for respondents M & T Partners, Inc., Pacific Realty Associates, L.P., PacTrust Realty, Inc., Shari Reed, and Costco Wholesale Corporation. Also on the joint brief were Kellington Law Group, PC, Robert Koch , David J. Petersen , and Tonkon Torp LLP.

No appearance for respondent City of Salem.

Before DeHoog, Presiding Judge, and Mooney, Judge, and Kistler, Senior Judge.

Petitioners seek judicial review of a final order of the Land Use Board of Appeals (LUBA). In that order, LUBA remanded the City of Salem's (city) denial of respondents'1 site plan review to build a shopping center that included a Costco store. Petitioners, opponents of the development who intervened below...

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