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DOLAN v. CITY OF TIGARD

LUBA 91-161. CA A73769, SC S39393.

854 P.2d 437 (1993)

317 Or. 110

John T. DOLAN and Florence Dolan, Petitioners on Review, v. CITY OF TIGARD, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided July 1, 1993.

Attorney(s) appearing for the Case

David B. Smith, Tigard, argued the cause and filed the petition for petitioners on review.

James M. Coleman, of O'Donnell, Ramis, Crew & Corrigan, Portland, argued the cause and filed the response for respondent on review.

Daniel J. Popeo and Paul D. Kamenar, Washington, DC, and Gregory S. Hathaway, of Garvey, Schubert & Barer, Portland, filed a brief amicus curiae for Washington Legal Foundation.

Timothy J. Sercombe and Edward J. Sullivan, of Preston, Thorgrimson, Shidler, Gates, & Ellis, Portland, filed a brief amicus curiae for 1000 Friends of Oregon.

Ronald A. Zumbrun and Robin L. Rivett, Sacramento, CA, and Richard M. Stephens, Bellevue, WA, filed a brief amicus curiae for Pacific Legal Foundation.

VAN HOOMISSEN, Justice.

Petitioners in this land use case seek review of a Court of Appeals' decision affirming a Final Opinion and Order of the Land Use Board of Appeals (LUBA) in favor of respondent City of Tigard (city). Dolan v. City of Tigard, 113 Or.App. 162, 832 P.2d 853 (1992). The issue is whether city has demonstrated the required relationship between the conditions that it attached...

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