STATE EX REL. WEST MAIN TOWNHOMES, LLC v. City of Medford

Defendant-Respondent City of Medford (city) petitions for reconsideration of our decision in State ex rel West Main Townhomes v. City of Medford, 233 Or App 41, 225 P3d 56 (2009). The city argues that we committed both factual and legal errors that warrant reconsideration. We allow reconsideration, correct an erroneous citation, and otherwise adhere to our former opinion.

In the underlying case, West Main Townhomes, LLC (developer), filed a petition for an alternative writ of mandamus to compel the city to approve an application for a permit allowing a multifamily apartment complex. ORS…