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DEPT. OF LAND CONSERV. v. ST. HELENS

LUBA Nos. 94-029, 94-030; CA A89817.

907 P.2d 259 (1995)

138 Or. App. 222

DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT and Warren Neighborhood Association, Respondents, v. CITY OF ST. HELENS, Petitioner, and Wal-Mart Stores, Inc., Westech Engineering, Inc., Richard L. Kohlstrand, Edmond T. Burton and Martha E. Burton, Intervenors-Respondents Below. OREGON DEPARTMENT OF TRANSPORTATION and Warren Neighborhood Association, Respondents, v. CITY OF ST. HELENS, Petitioner, and Wal-Mart Stores, Inc., Westech Engineering, Inc., Richard L. Kohlstrand, Edmond T. Burton and Martha E. Burton, Intervenors-Respondents Below.

Court of Appeals of Oregon.

Decided December 13, 1995.

Attorney(s) appearing for the Case

Richard D. Rodeman, Corvallis, argued the cause for petitioner. On the brief was Peter M. Linden, St. Helens.

Michael F. Sheehan, Scappoose, argued the cause and filed the brief, for respondent Warren Neighborhood Association.

Richard D. Rodeman, Corvallis, filed the brief amicus curiae, for League of Oregon Cities.

Stephen Madkour, Assistant Attorney General, Salem, waived appearance, for respondent Dept. of Land Conservation and Development.

No appearance for respondent Oregon Dept. of Transp.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

DEITS, Presiding Judge.

The City of St. Helens annexed a parcel of property that lies approximately 1,500 feet outside the city limits, but is within the city's urban growth boundary (UGB). Simultaneously, the city annexed a 1,500-foot stretch of public road, which is also within the UGB and which connects the "target property" to the city, and made related land use decisions to advance the possible eventual use of the property for a Wal-Mart store. The Warren Neighborhood...

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