Byrnes v. City of Hillsboro

Respondent Prendergast & Associates petitions for Supreme Court review and, thereby, for our reconsideration of our opinion. 101 Or App 307, 790 P2d 552 (1990); ORAP 9.15. Appended to the petition is a substantial amount of legislative history that suggests that the City of Hillsboro’s intent in adopting its Cultural Resource Management Ordinance was the opposite of what we interpreted the ordinance to mean. The city, in its response to the petition, agrees with Prendergast.

Petitioners respond, inter alia, that the legislative history could have been but was not presented to LUBA and is not…