1 <br />STATEMENT OF THE CASE <br />1. Nature of the Proceeding and Relief Sought. <br />Intervenor-Respondent accepts that Intervenors-Petitioners are <br />attempting to overturn portions of LUBA's Final Opinion and Order in <br />Oakleigh McClure Neighbors v. City of Eugene, Or LUBA (LUBA No. <br />2014-001; August 21, 2014). Rec.' 3-44. ER 1-42. <br />2. Nature of Order Sought to Be Reviewed. <br />Intervenor-Respondent accepts that LUBA's final order remanded a <br />portion of the Tentative Approval of a Planned Unit Development (PUD). <br />3. Statutory Basis of Appellate Jurisdiction. <br />Intervenor-Respondent accepts that ORS 197.850(3) confers jurisdiction <br />on the Court of Appeals. <br />4. Date of Entry of Final Order. <br />Intervenor-Respondent accepts that LUBA's final order was issued on <br />August 21, 2014, and that Intervenors-Petitioner filed their Petition for Judicial <br />Review on September 10, 2014. Rec. 4; 1. <br />5. Nature and Jurisdictional Basis of Agency Action. <br />Intervenor-Respondent accepts that LUBA had jurisdiction to review the <br />City of Eugene's land use decision on the Tentative PUD. ORS 197.825(1). <br />1 The Record before the Court of Appeals will be referred to as "Rec." herein. <br />The record generated for the appeal to the Oregon Land Use Board of Appeals <br />below will be referred to as "LUBA Rec." <br />