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COOPMAN v. CITY OF EUGENE

A180682.

534 P.3d 1105 (2023)

327 Or. App. 6

Ted M. COOPMAN, Paul T. Conte, and Gary Nance, Petitioners, v. CITY OF EUGENE, Al Johnson, Home Builders Association of Lane County, Eliza Kashinsky, Joshua Kashinsky, Anne Brown, Patty Hine, Isaac Judd, Angie R. Marzano, Sigh O'Nara, Babe O'Sullivan, Bill Randell, Carleen Reilly, Seth Sadofsky, Kevin Shanley, Heather Sielicki, Sue Wolling, 1000 Friends of Oregon, Better Housing Together, and DEVNW, Respondents, and Christopher Deel, Respondent below.

Court of Appeals of Oregon.

July 12, 2023.

Attorney(s) appearing for the Case

Charles W. Woodward, IV argued the cause and filed the brief for petitioners.

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

Bill Kloos and Law Office of Bill Kloos PC filed the brief for respondent Home Builders Association of Lane County.

No appearance for respondents Al Johnson, Eliza Kashinsky, Joshua Kashinsky, Anne Brown, Patty Hine, Isaac Judd, Angie R. Marzano, Sigh O'Nara, Babe O'Sullivan, Bill Randell, Carleen Reilly, Seth Sadofsky, Kevin Shanley, Heather Sielicki, Sue Wolling, 1000 Friends of Oregon, Better Housing Together, and DEVNW.

Before Shorr, Presiding Judge, and Mooney, Judge, and Pagán, Judge.

Petitioners seek review of a final order of the Land Use Board of Appeals (LUBA) that rejected their challenge to respondent City of Eugene's adoption of Ordinance No. 20667 ("the ordinance"). The city adopted the ordinance in response to a directive from the legislature to allow more "middle housing"— duplexes, triplexes, quadplexes...

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