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REST-HAVEN MEMORIAL PARK v. CITY OF EUGENE

2000-094/104; A113176.

28 P.3d 1229 (2001)

175 Or. App. 419

REST-HAVEN MEMORIAL PARK and Charles Wiper III, Respondents, v. CITY OF EUGENE, Petitioner.

Court of Appeals of Oregon.

Decided July 20, 2001.

Attorney(s) appearing for the Case

Glenn Klein, Eugene, argued the cause for petitioner. With him on the brief were Emily N. Jerome and Harrang Long Gary Rudnick P.C.

Bill Kloos, Eugene, argued the cause and filed the brief for respondent.

Before DEITS, Chief Judge, and BREWER, Judge, and VAN HOOMISSEN, Senior Judge.

DEITS, C.J.

The City of Eugene seeks review of a Land Use Board of Appeals (LUBA) decision remanding Eugene Ordinance No. 20194. The ordinance prohibits placing pipes or fill in the city's open waterways. The city asks that we reverse LUBA's holding that the city was obliged to apply Statewide Land Use Planning Goal 5 when adopting the ordinance. We affirm.

The city's ordinance was adopted on April 24, 2000 as part of Chapter 6 of the city's code, which is...

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