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RECOVERY HOUSE VI v. CITY OF EUGENE

LUBA No. 97-021; CA A98493.

946 P.2d 342 (1997)

150 Or. App. 382

RECOVERY HOUSE VI, Petitioner, v. CITY OF EUGENE, Respondent.

Court of Appeals of Oregon.

Decided October 8, 1997.

Attorney(s) appearing for the Case

Michael E. Farthing argued the cause for petitioner. With him on the brief was Gleaves Swearingen Larsen Potter Scott & Smith LLP.

Jerome Lidz argued the cause for respondent. With him on the brief were Emily K. Newton and Harrang Long Gary Rudnick P.C.

Before HASELTON, P.J., and DEITS, C.J., and ARMSTRONG, J.

DEITS, Chief Judge.

Petitioner Recovery House VI appealed to LUBA from the City of Eugene's issuance of a conditional use permit for which petitioner had applied. LUBA held that it lacked "jurisdiction" to consider petitioner's argument that petitioner was not required to obtain a conditional use permit in order to conduct the use in question.1 Petitioner seeks review, and we reverse and remand.

Petitioner applied for the permit...

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