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STATE EX REL BUTLER v. CITY OF BANDON

03CV0276; A124129.

131 P.3d 855 (2006)

204 Or. App. 690

STATE of Oregon ex rel Ken BUTLER and the Port of Bandon, a municipal corporation, Relators-Respondents, v. The CITY OF BANDON, a municipal corporation, Respondent, and Gary Chang, Intervenor-Appellant.

Court of Appeals of Oregon.

Decided March 22, 2006.

Attorney(s) appearing for the Case

Douglas M. DuPriest, Eugene, argued the cause for intervenor-appellant. With him on the opening brief were E. Bradley Litchfield, Zack P. Mittge, and Hutchinson, Cox, Coons, DuPriest, Orr & Sherlock, P.C. On the reply brief was Zachary P. Mittge.

Jerry Lesan, Coos Bay, argued the cause for relators-respondents Ken Butler and The Port of Bandon. With him on the brief was Lesan & Finneran.

No appearance for respondent The City of Bandon.

Before ARMSTRONG, Presiding Judge, and BREWER, Chief Judge, and MURPHY, Judge pro tempore.

BREWER, C.J.

Intervenor Gary Chang seeks review of a peremptory writ of mandamus that the trial court issued to compel the City of Bandon (the city) to grant a land use permit for the construction of a building on property belonging to the Port of Bandon (the port) that is commonly known as "the High Dock." Relators-respondents the Port of Bandon and Ken Butler petitioned for the writ on the ground that the city had failed...

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