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ATHLETIC CLUB OF BEND, INC. v. CITY OF BEND

2010018; A145997.

243 P.3d 824 (2010)

239 Or. App. 89

The ATHLETIC CLUB OF BEND, INC., Petitioner, v. CITY OF BEND, Respondent, and Mount Bachelor Center, LLC, Intervenor-Respondent below.

Court of Appeals of Oregon.

Decided November 24, 2010.

Attorney(s) appearing for the Case

Aaron J. Noteboom, Eugene, argued the cause for petitioner. With him on the brief were Michael M. Reeder and Arnold Gallagher Percell Roberts & Potter, P.C.

Gary Firestone filed the brief for respondent City of Bend.

Sharon R. Smith waived appearance for intervenor-respondent Mount Bachelor Center, LLC.

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

ARMSTRONG, J.

Petitioner, The Athletic Club of Bend, Inc. (athletic club), applied to the City of Bend for site plan approval for a new driveway and associated public roadway improvements on and adjacent to a parcel of land in a subdivision. A hearings officer denied petitioner's application after concluding (1) that the current version of the Bend Development Code (BDC) applied to the off-site components of petitioner's...

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