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HERITAGE ENTERPRISES v. CITY OF CORVALLIS

LUBA 84-050; CA A33812.

693 P.2d 651 (1985)

71 Or.App. 581

HERITAGE ENTERPRISES, a Partnership of David F. Wagner and Charles F. Kingsley, Petitioner, v. The CITY OF CORVALLIS, Respondent.

Court of Appeals of Oregon.

Decided January 9, 1985.

Reconsideration Denied February 22, 1985.

Attorney(s) appearing for the Case

Allen L. Johnson, Eugene, argued the cause for petitioner. With him on the brief was Sullivan, Josselson, Johnson & Kloos, Eugene.

Richard D. Rodeman, Corvallis, argued the cause and filed the brief for respondent.

Before JOSEPH, C.J., and WARREN and ROSSMAN, JJ.

JOSEPH, Chief Judge.

Petitioners seek review of an order of the Land Use Board of Appeals dismissing petitioners' appeal from the voters' rejection of a proposal to annex land to the city of Corvallis. LUBA concluded that the election is not a "land use decision" as defined by of ORS 197.015(10) and that LUBA therefore did not have jurisdiction. LUBA explained:

"The jurisdictional question is not whether, but when, the challenged annexation became...

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