Stewart v. City of Salem

247 P.3d 763 (2011)

240 Or. App. 466

Mel STEWART, Petitioner,

v.

CITY OF SALEM, Respondent.

2009009; A146479.

Court of Appeals of Oregon.

Decided January 26, 2011.

Argued and Submitted October 27, 2010.

John W. Schonkwiler argued the cause for petitioner. On the brief were William F. Hoelscher and Hoelscher & Associates, P.C.

Sean T. Brady, Deputy City Attorney, argued the cause and filed the brief for respondent.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and LANDAU, Judge pro tempore.

SERCOMBE, J.

Petitioner seeks judicial review of a Land Use Board of Appeals ("LUBA" or "the board") order…