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MONTGOMERY v. CITY OF DUNES CITY

2008135; A144619.

236 P.3d 750 (2010)

236 Or. App. 194

Alan MONTGOMERY, Respondent Cross-Petitioner, v. CITY OF DUNES CITY, Petitioner Cross-Respondent.

Court of Appeals of Oregon.

Decided July 7, 2010.

Attorney(s) appearing for the Case

David N. Allen argued the cause for petitioner-cross-respondent. With him on the briefs was Macpherson, Gintner & Diaz.

Bill Kloos, Eugene, argued the cause for respondent-cross-petitioner. With him on the brief was Law Office of Bill Kloos, PC.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and DUNCAN, Judge.

HASELTON, P.J.

Petitioner City of Dunes City (the city) seeks judicial review, and respondent Montgomery cross-petitions for judicial review, of an order of the Land Use Board of Appeals (LUBA) in which LUBA remanded the city's denial of respondent's application for the approval of a preliminary subdivision plat. We reject without discussion the city's two assignments of error concerning LUBA's application of the substantial evidence standard and its remand for the...

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