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PHILIPPI v. CITY OF SUBLIMITY

LUBA No. 81-078; CA A23238.

650 P.2d 1038 (1982)

59 Or.App. 295

Bruce PHILIPPI and Ron Bochsler, Petitioners, v. CITY OF SUBLIMITY, Respondent.

Court of Appeals of Oregon.

Decided September 15, 1982.

Reconsideration Denied October 27, 1982.

Attorney(s) appearing for the Case

M. Chapin Milbank, Salem, argued the cause for petitioners. With him on the brief was Schlegel, Milbank, Jarman & Hilgeman, Salem.

James D. Tiger, Stayton, argued the cause for respondent. With him on the brief was Duncan & Tiger, Stayton.

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

WARREN, Judge.

Petitioners seek judicial review of a final order of the Land Use Board of Appeals (LUBA) remanding their subdivision request to the City of Sublimity for further findings. Petitioners assign as error the failure of LUBA to rule that a subdivision permit for a parcel of land, designated in the acknowledged comprehensive plan as residential and zoned as single family residence (SFR), may not be denied on the sole basis of a policy in the comprehensive...

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