Kristensen v. City of Eugene Planning Commission

This writ of review proceeding is a challenge to a conditional use permit issued by the Eugene Planning Commission to respondent Briarwood Associates. The plaintiffs, who own property near Briarwood’s, appeal from a circuit court judgment upholding the commission’s action.

We have previously distinguished the procedural and substantive rules of Fasano v. Washington County Comm., 264 Or 574, 507 P2d 23 (1973). See, Auckland v. Bd. of Comm. Mult. Co., 21 Or App 596, 536 P2d 444, Sup Ct review denied (1975). And we have held the procedural requirements announced in that case to be applicable when…