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LEUPOLD & STEVENS v. CITY OF BEAVERTON

2005-073; A131242.

138 P.3d 23 (2006)

206 Or. App. 368

LEUPOLD & STEVENS, INC., Petitioner, and Henry Kane, Intervenor-below, v. CITY OF BEAVERTON, Respondent.

Court of Appeals of Oregon.

Decided June 14, 2006.

Attorney(s) appearing for the Case

Robert Van Brocklin, Portland, argued the cause for petitioner. With him on the brief were Michelle Rudd and Stoel Rives LLP.

William J. Scheiderich, Beaverton, argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and SCHUMAN, Judge.

LANDAU, P.J.

The City of Beaverton (city) adopted an ordinance annexing property owned by petitioner Leupold & Stevens, Inc., without petitioner's consent. Petitioner appealed the ordinance to the Land Use Board of Appeals (LUBA). In the meantime, the legislature enacted a statute pertaining to local government authority to annex certain properties without owner consent. Petitioner argued to LUBA that the new statute retroactively eliminated the city's authority...

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