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MARSHALL v. CITY OF YACHATS

LUBA 97-219; CA A103508.

973 P.2d 374 (1999)

158 Or. App. 151

Monte MARSHALL and Charlotte Mills, Petitioners, v. CITY OF YACHATS and Norman Forrester, Respondents.

Court of Appeals of Oregon.

Decided January 27, 1999.

Attorney(s) appearing for the Case

Mary Kim Wood argued the cause for petitioners. With her on the brief was Wallace W. Lien, P.C.

Michael G. Dowsett argued the cause for respondent City of Yachats. Kris Jon Gorsuch, Salem, argued the cause for respondent Norman Forrester. With them on the brief was Saalfeld, Griggs, Gorsuch, Alexander & Emerick, P.C.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.

ARMSTRONG, J.

Petitioners seek review of LUBA's decision affirming respondent City of Yachats' approval of respondent Forrester's application for a building permit for a single-family dwelling. We affirm.

The applicable provision of the city's zoning ordinance requires that a lot contain at least 6,000 square feet in order for a single-family dwelling to be permitted on it. As explained in LUBA's opinion, the "square footage of tax lot 2001 [Forrester's property...

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