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1000 FRIENDS OF OREGON v. CITY OF DUNDEE

2004-144, 2004-145; A129505.

124 P.3d 1249 (2005)

203 Or. App. 207

1000 FRIENDS OF OREGON and Friends of Yamhill County, Petitioners below, and Columbia Empire Farms, Inc., Petitioner, v. CITY OF DUNDEE and Department of Transportation, Respondents.

Court of Appeals of Oregon.

Decided December 14, 2005.

Attorney(s) appearing for the Case

Jeffrey G. Condit, Portland, argued the cause for petitioner. With him on the brief was Kelly S. Hossaini.

Keith Kutler, Assistant Attorney General, argued the cause for respondents. With him on the joint brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Erin C. Lagesen, Assistant Attorney General, and Pamela J. Beery.

Andrew H. Stamp filed the brief amicus curiae for Oregon Home Builders Association.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and DEITS, Judge pro tempore.

HASELTON, P.J.

Petitioner Columbia Empire Farms, Inc., seeks judicial review of an order of the Land Use Board of Appeals that affirmed the City of Dundee's amendment of the city's comprehensive plan to implement the construction of a bypass, the Newberg-Dundee Transportation Improvement Project, along Highway 99 West. On judicial review, petitioner makes several arguments concerning the city's decision to amend its comprehensive plan. First, petitioner argues that...

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