Menges v. BOARD OF COUNTY COM'RS OF JACKSON

In our former opinion, in dealing with the appellants’ fourth argument (relating to the homeowners’ evidence of diminished market value of their properties), 44 Or App at 607, 606 P2d at 684 (1980), we relied on appellants’ assertions in their brief about what the Hearings Council did and said. Those assertions were not challenged in respondent’s brief, and we failed to check the record sufficiently to determine whether they were accurate. The respondent city has now filed a Petition for Review, which we treat as a Petition for Reconsideration, in which a conflicting version of "what actually…