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Mayor and City Council September 13, 2006 Page 2 <br />As the above -quote demonstrates, LUBA did not provide much guidance as to what the City must <br />do on remand. The only guidance LUBA offers is that, to answer the question, the City should <br />consider the text of related Metro Plan findings, objectives and policies. <br />Because the City's adoption of the PROS Plan was a legislative act, the City is not required <br />to act on remand within any specific time - frame. Home Builders has also appealed to LUBA the <br />City's adoption of the PROS Project and Priority Plan (the document containing the project tables <br />with priorities and cost allocations). Briefing in that appeal has not yet begun (we are waiting for <br />LUBA to resolve record objections filed by Home Builders). LUBA's decision in that related appeal <br />could impact the manner in which the City should act on remand regarding the PROS Plan. Thus, <br />we have advised staff that the City should delay action on remand until the appeal of the PROS <br />Project and Priority List is resolved. <br />HARRANG LONG GARY RUDNICK P.C. — <br />CITY ATTORNEYS <br />� v <br />Kathryn . Brotherton <br />Emily N. Jerome <br />KPB:abm <br />cc: Dennis Taylor <br />Susan Muir <br />Kurt Corey <br />Johnny Medlin <br />00152286.WPD;2 <br />