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WEST MAIN TOWNHOMES v. CITY OF MEDFORD

074038Z2; A137828.

225 P.3d 56 (2009)

233 Or. App. 41

STATE ex rel. WEST MAIN TOWNHOMES, LLC, an Oregon limited liability company, Relator-Appellant, v. CITY OF MEDFORD, a municipal corporation of the State of Oregon, Defendant-Respondent.

Court of Appeals of Oregon.

Decided December 30, 2009.

Attorney(s) appearing for the Case

Ryan J. Vanderhoof, Medford, argued the cause for appellant. With him on the briefs was Mark S. Bartholomew.

Lori J. Cooper, Senior Assistant City Attorney, City Attorney's Office, argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

SCHUMAN, J.

West Main Townhomes, LLC, (developer) filed a petition for an alternative writ of mandamus to compel the City of Medford to approve an application for a multifamily apartment complex. After the city filed an answer, the trial court held a show cause hearing and dismissed the mandamus action. Developer appeals. We review legal conclusions for errors of law and findings of fact for any evidence. ORS 34.240 (appeal from mandamus may be taken in like manner...

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