Whitesides Hardware, Inc. v. City of Corvallis

Heritage Enterprises (Heritage) petitions for judicial review of a Land Use Board of Appeals opinion remanding two Corvallis ordinances to the city for reconsideration. White-sides Hardware, Inc. (Whitesides) cross-petitions, alleging infirmities which LUBA did not find in the ordinances.1

Whitesides was the petitioner before LUBA. The ordinances amend Corvallis’ comprehensive plan to approve a regional shopping center designation and to locate it on the city’s outskirts rather than downtown. After the appeal to LUBA, but before LUBA acted, the Land Conservation and Development Commission, by…