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MILES v. CITY OF FLORENCE

2003-007; A121477.

79 P.3d 382 (2003)

190 Or. App. 500

Bud MILES and Miles Oil Co., Respondents, v. CITY OF FLORENCE, Respondent, and Safeway, Inc., Petitioner.

Court of Appeals of Oregon.

Decided November 13, 2003.

Attorney(s) appearing for the Case

Steven P. Hultberg, Portland, argued the cause for petitioner. With him on the brief was Perkins Coie LLP.

Bill Kloos, Eugene, argued the cause for respondents Bud Miles and Miles Oil Co. On the brief were Daniel A. Terrell and Law Office of Bill Kloos, PC.

Emily N. Jerome waived appearance for respondent City of Florence.

Before LANDAU, Presiding Judge, and ARMSTRONG and LINDER, Judges.

LINDER, J.

Safeway Inc. (Safeway), intervenor below, sought and obtained a conditional use permit from the City of Florence to build a gas station on property where it has an existing grocery store. Bud Miles and Miles Oil Co. (opponents) opposed the permit and appealed its approval first to the city council and then to LUBA. On appeal to LUBA, opponents argued, inter alia, that Safeway's site plan did not meet the...

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