FILED: August 14, 2019 <br />IN THE COURT OF APPEALS OF THE STATE OF OREGON <br />JULIE HULME, ROB HANDY, and H.M. SUSTAITA, <br />Petitioners, <br />V. <br />CITY OF EUGENE, <br />Respondent, <br />and <br />HOMEBUILDERS ASSOCIATION OF LANE COUNTY; and <br />LOMBARD APARTMENTS, LLC, <br />Respondents. <br />Land Use Board of Appeals <br />2018118 <br />A170513 <br />Argued and submitted on May 21, 2019. <br />Charles Woodward, IV, argued the cause for petitioners. Also on the brief was Sean <br />Malone. <br />Lauren A. Sommers argued the cause and filed the brief for respondent City of Eugene. <br />Michael M. Reeder argued the cause and filed the brief for respondent Lombard <br />Apartments, LLC. <br />No appearance for respondent Home Builders Association of Lane County. <br />Before Hadlock, Presiding Judge, and DeHoog, Judge, and Aoyagi, Judge. <br />AOYAGI, J. <br />Reversed in part and remanded. <br />DESIGNATION OF PREVAILING PARTY AND AWARD OF COSTS <br />Prevailing party: Petitioners <br />No costs allowed. <br />Costs allowed, payable by Respondents. <br />Costs allowed, to abide the outcome on remand, payable <br />