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SIPOREN v. CITY OF MEDFORD

(LUBA 2008185; CA A142541; SC S058025).

243 P.3d 776 (2010)

349 Or. 247

Wendy SIPOREN, Petitioner, and Ivend Holen and Medford Citizens for Responsible Development, Petitioners on Review, v. CITY OF MEDFORD and Wal-Mart Stores, Inc., Respondents on Review.

Supreme Court of Oregon, En Banc.

Decided November 18, 2010.

Attorney(s) appearing for the Case

Kenneth D. Holm, Beaverton, argued the cause and filed the brief for petitioners on review.

John R. Huttl, City Attorney's Office, Medford, argued the cause and filed the brief for respondent on review City of Medford.

Gregory S. Hathaway, of Davis Wright Tremaine, LLP, Portland, argued the cause and filed the brief for respondent on review Wal-Mart Stores, Inc. With him on the brief was E. Michael Connors.

Peter A. Kasting, Chief Deputy City Attorney, Office of City Attorney, Portland, and Sandra N. Duffy, Multnomah County Counsel's Office, Portland, filed the joint brief for amici curiae League of Oregon Cities and Association of Oregon Counties.

GILLETTE, J.

The subject of this land use case is a decision by the Medford City Council approving a "site plan and architectural review" application for a large store that Wal-Mart Stores, Inc., proposes to build within the city's boundaries. Certain individual citizens of Medford and a citizens' group, Medford Citizens for Responsible Development (collectively, petitioners) appealed the city's decision to the Land Use Board of Appeals (LUBA), arguing that Wal-Mart...

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