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HILL v. MARION COUNTY BOARD OF COMMISSIONERS

506 P.2d 519 (1973)

Thomas B. HILL and Ruth Hill, Husband and Wife, Appellants, v. MARION COUNTY BOARD OF COMMISSIONERS et al., Defendants, Sally Gearhart, Respondent.

Court of Appeals of Oregon.

Decided February 20, 1973.

Attorney(s) appearing for the Case

Bruce W. Williams, Salem, argued the cause and filed the brief for appellants.

Norma Paulus, Salem, argued the cause for respondent. With her on the brief were Paulus & Callaghan, Salem.

Before SCHWAB, C.J., and LANGTRY and THORNTON, JJ.

LANGTRY, Judge.

This is a land use case. Plaintiffs have appealed from a circuit court order sustaining action of the Marion County Board of Commissioners and the Marion County Planning Commission which allowed a variance under the Marion County Uniform Zone Code pertaining to a particular piece of property in an RA (residential agricultural) zone.

The fundamental question is whether a variance could be validly granted in such a zone to allow a home-school...

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