Moore v. City of Eugene

318 Submitted September 17, affirmed December 30, 2020, petition for review denied May 20, 2021 ( 368 Or 168) Elise MOORE, Petitioner-Appellant, v. CITY OF EUGENE, an Oregon municipal corporation, Respondent-Respondent. Lane County Circuit Court 18CV53292; A171276

482 P3d 190

Petitioner sought to construct a 1,200 square foot residence on her prop- erty, but Eugene City Code (EC) 9.2751(18)(a)3 limited its square footage to 462 square feet. Petitioner filed this Measure 49 claim, ORS 195.300 to 195.336, with the City of Eugene, asserting that the dwelling size standard imposed by EC…