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Initially, the city planning office found that the UO did not need a conditional use permit to build the 12,500-seat arena.
But Tyler said the city didn't start enforcing the conditional use permit until neighbors complained.
The company has been performing business indoors until a decision had been reached for the conditional use permit.
Weiler said the university had been working with the neighborhood group before the hearings officer ruling, which came after neighbors appealed a city decision that said no conditional use permit was needed.
The conditional use permit, which is being appealed in circuit court, was granted to the Deweeses, and the state has issued a non-coal mining permit to Drakes Creek Holding Co.
Now, the university either must appeal the hearings officer's ruling to the state Land Use Board of Appeals, or go through the process of obtaining a conditional use permit.
You can't take off and land a helicopter without a conditional use permit for a heliport.
The suit alleges in part, that the City violated its own zoning ordinances by entering into a void settlement agreement, granting a de facto conditional use permit (CUP), and issuing a building permit, all without community input or disclosure.
The University of Oregon on Wednesday was dealt what could be a major setback when a Eugene hearings official ruled that the UO must seek a conditional use permit before starting construction of its $227 million basketball arena.

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