Beck v. City of Tillamook

Petitioners seek review of LUBA’s affirmance of the City of Tillamook’s allowance of a conditional use permit for a homeless shelter. The challenged decision was made after petitioners had appealed and LUBA had remanded an earlier decision by the city to allow the shelter. Neither party sought our review of LUBA’s decision in the first appeal. The city argues that some of petitioners’ present assignments of error relate to matters that LUBA decided adversely to petitioners in the first appeal and that they are barred by res judicata from raising these issues now.1 Petitioners respond that,…