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FUHRMAN LAND CO. v. WATERY LANE HOMEOWNERS

LUBA No. 80-066; CA A20574, CA A20623.

641 P.2d 657 (1982)

56 Or.App. 329

FUHRMAN LAND CO., Lfc, Inc., Htk, Inc., Dwk, Inc., and Dean Loney, Petitioners — Cross-Respondents, v. WATERY LANE HOMEOWNERS Association, Respondent — Cross-Petitioner, City Council of the City of Portland, Petitioner — Cross-Respondent, v. Watery Lane Homeowners Association, Respondent — Cross-Petitioner.

Court of Appeals of Oregon.

Decided March 8, 1982.

Attorney(s) appearing for the Case

Frank V. Langfitt, III, Portland, argued the cause for petitioners — cross-respondents, Fuhrman Land Co., LFC, Inc., HTK, Inc., DWK, Inc., and Dean Loney. With him on the briefs was Lindsay, Hart, Neil & Weigler, Portland.

Ruth Spetter, Deputy City Atty., Portland, argued the cause for petitioner — cross-respondent, City of Portland. With her on the briefs was Christopher P. Thomas, City Atty., Portland.

William Dickas, Portland, argued the cause and filed the brief for respondent — cross-petitioner.

Before BUTTLER, P.J., and WARDEN and WARREN, JJ.

WARREN, Judge.

Petitioner City Council of the City of Portland (City) and petitioners Fuhrman Land Company, et al (Developers) seek judicial review of an order by the Land Use Board of Appeals (LUBA). LUBA ruled that a provision of the City Code, § 34.110.020,1 restricting the right of appeal of a minor partition to the applicant, conflicts with ORS 92.046(3).2 LUBA thereupon remanded the matter to the...

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