Horizon Construction, Inc. v. City of Newberg

The Newberg City Council denied petitioner a conditional use permit to construct an apartment complex and LUBA affirmed the decision. Petitioner seeks review. We reverse.

We note, preliminarily, that petitioner’s brief does not have appended to it a copy of LUBA’s opinion, as ORAP 5.50(3) and ORAP 4.60 require. When this court prepares for oral argument, the appellate record is not available to us. We have only the parties’ briefs. Consequently, LUBA’s opinion was not before us at that time, and our ability to prepare for the argument was therefore seriously hampered. Hereafter, violations of…