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NICITA v. CITY OF OREGON CITY

A177095.

507 P.3d 804 (2022)

317 Or. App. 709

James J. NICITA, Northwest Environmental Defense Center, and Patricia Spady, Petitioners, v. CITY OF OREGON CITY, Respondent.

Court of Appeals of Oregon.

February 24, 2022.

Attorney(s) appearing for the Case

Karl G. Anuta, Portland, argued the cause and filed the briefs for petitioners James J. Nicita and Patricia Spady.

Jesse A. Buss argued the cause for petitioner Northwest Environmental Defense Center. Also on the brief were Willamette Law Group; Jonah Sandford and Northwest Environmental Defense Center; and Michael T. Burleson and Morris & Sullivan PC.

Carrie A. Richter argued the cause for respondent. Also on the briefs were William K. Kabeiseman and Bateman Seidel Miner Blomgren Chellis & Gram, P.C.

Laura Maffei and Cable Huston, LLP, filed the brief amicus curiae for Oregon Association Clean Water Agencies.

Before Ortega, Presiding Judge, and Shorr, Judge, and Powers, Judge.

Petitioners Northwest Environmental Defense Center (NEDC), Patricia Spady, and James Nicita each seek review of a Land Use Board of Appeals (LUBA) order that affirmed the city's adoption of two ordinances —Ordinance 19-1014, which adopted a stormwater master plan (SMP), and Ordinance 19-1015, which updated the city's stormwater...

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