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KAADY v. CITY OF CANNON BEACH

LUBA No. 93-169; CA A85012.

883 P.2d 867 (1994)

130 Or. App. 611

Jack G. KAADY, Petitioner, v. CITY OF CANNON BEACH and Tolovana Inn Unit Owners Association, Respondents.

Court of Appeals of Oregon.

Decided October 19, 1994.

Attorney(s) appearing for the Case

Jack G. Kaady, pro se.

P. Stephen Russell III, P.C., and Copeland, Landye, Bennett and Wolf, Portland, filed the brief, for respondent Tolovana Inn Unit Owners Ass'n.

No appearance, for respondent City of Cannon Beach.

Before DEITS, P.J., and RIGGS and HASELTON, JJ.

DEITS, Presiding Judge.

Petitioner seeks review of LUBA's affirmance of the City of Cannon Beach's declaratory decision that the Tolovana Inn is a "motel" and, accordingly, is not subject to the restrictions on short term rentals of dwellings under the city's Ordinance No. 92-1. We reverse and remand.

The inn was originally allowed through a conditional use permit issued by the city in 1971, and has been the subject of subsequent zoning and other regulatory...

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