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BOTTS MARSH LLC v. CITY OF WHEELER

A180520.

532 P.3d 544 (2023)

326 Or. App. 215

BOTTS MARSH LLC, Respondent, v. CITY OF WHEELER, Petitioner.

Court of Appeals of Oregon.

June 7, 2023.

Attorney(s) appearing for the Case

William K. Kabeiseman argued the cause for petitioner. Also on the brief was Bateman Seidel Miner Blomgren Chellis & Gram, P.C.

Jennie L. Bricker argued the cause for respondent. Also on the brief were Land Shore Water Legal Services, LLC, and Reilley D. Keating, Sarah Stauffer Curtiss, and Stoel Rives, LLP.

Before Aoyagi, Presiding Judge, and Joyce, Judge, and Jacquot, Judge.

The City of Wheeler denied applicant's application for design review of a proposed development on applicant's property. The Land Use Board of Appeals (LUBA) reversed the denial and remanded for the city to reopen the record to give applicant an opportunity to submit additional materials and respond to the city's newly articulated interpretations...

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