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DEVIN OIL CO., INC. v. MORROW COUNTY

2009103; A144750.

235 P.3d 705 (2010)

236 Or. App. 164

DEVIN OIL CO., INC., Petitioner, v. MORROW COUNTY; Greg Flowers; and Love's Travel Stops & Country Stores, Inc., Respondents.

Court of Appeals of Oregon.

Decided June 30, 2010.

Attorney(s) appearing for the Case

E. Michael Connors, Portland, argued the cause for petitioner. With him on the brief was Davis Wright Tremaine LLP.

William K. Kabeiseman, Portland, argued the cause for respondents. With him on the brief were Jennifer Brager, Garvey Schubert Barer, and Ryan M. Swinburnson.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Judge.

SCHUMAN, P.J.

Morrow County approved the City of Boardman's application to partition a parcel of land so that the city could sell one of the resulting parcels to a private developer who planned to build a travel center. Petitioner, Devin Oil Co., an existing nearby business that would compete with the travel center, opposed the partition and, ultimately, appealed the approval to the Land Use Board of Appeals (LUBA). LUBA sustained some of petitioner's assignments...

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