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GOOSE HOLLOW FOOTHILLS LEAGUE v. PORTLAND

LUBA 92-087; CA A76884.

843 P.2d 992 (1992)

117 Or. App. 211

GOOSE HOLLOW FOOTHILLS LEAGUE, Jerald M. Powell, David Pennington and Keith Lutz, Respondents, v. CITY OF PORTLAND, Respondent below, and Charles Kaady, Petitioner.

Court of Appeals of Oregon.

Decided December 16, 1992.

Attorney(s) appearing for the Case

David J. Sweeney, Portland, argued the cause for petitioner. On the brief were Raymond M. Rask, Jonathan R. Gilbert and Brownstein, Rask, Sweeney, Kerr, Grim & DeSylvia, Portland.

Daniel Kearns, Portland, argued the cause for respondents. With him on the brief were Edward J. Sullivan and Preston Thorgrimson Shidler Gates & Ellis, Portland.

Before RICHARDSON, P.J., and DEITS and DURHAM, JJ.

RICHARDSON, Presiding Judge.

Petitioner purchased property in the Goose Hollow area of Portland on which he plans to operate a car wash facility. In the course of his discussions with city planning personnel, they perceived a possible conflict among potentially applicable provisions of the city code and instituted a "clarification" proceeding to resolve it. The hearings officer interpreted the provisions in a manner that was compatible with allowing the facility....

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