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CUTSFORTH v. CITY OF ALBANY

2004-141; A126916.

112 P.3d 395 (2005)

199 Or. App. 442

Tom CUTSFORTH, Ed Argetsinger, Becky Argetsinger, James Cherry, Max Dilley, Teresa Dilley, Jeff Dumont, Doug Huff, Allen Nelson, Jodi Nelson, Jaimy Patton, Jack Beakey, Toni Beakey, Jack Doty, Larry Engom, Darla Engom, James Kief, Jayne Kief, Stephen R. Newman, Al Price, Rocky Sitton, Yvonne Sitton, Bill Buskirk, Mike Decker, Wendy Decker, Wes Dumont, Bev Dumont, Fred Ficq, Jerry Mcintosh, Sue Mcintosh, Paul Parmenter, Allison Parmenter, Tom Sanderson, Hope Sanderson, Doris Scharpf, and Kirk Tibbets, Petitioners, v. CITY OF ALBANY, Respondent.

Court of Appeals of Oregon.

Decided May 11, 2005.

Attorney(s) appearing for the Case

Edward F. Schultz, Albany, argued the cause for petitioners. With him on the brief was Weatherford, Thompson, Cowgill, Black & Schultz, P.C.

James V.B. Delapoer, Albany, argued the cause and filed the brief for respondent.

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

LANDAU, P.J.

Petitioners seek review of a Land Use Board of Appeals (LUBA) decision dismissing their challenge to a City of Albany resolution referring an annexation proposal to the voters. LUBA concluded that petitioners filed an untimely appeal of the resolution. We agree, although for slightly different reasons, and affirm.

We take the following facts from LUBA's opinion:

"The subject area consists of 97 parcels totaling approximately 310 acres...

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