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STILL v. BD. OF CTY. COM'RS OF MARION CTY.

No. 106035; CA 11977.

600 P.2d 433 (1979)

42 Or.App. 115

Donald A. STILL and Rheba H. Still, Husband and Wife, Appellants, v. The BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, and its members, Harry Carson, Jr., Walter R. Heine, and Pat McCarthy, Mrs. James C. Drury, Respondents.

Court of Appeals of Oregon.

Decided September 17, 1979.

Attorney(s) appearing for the Case

Robert E. Stacey, Jr., Portland, argued the cause for appellants. With him on the briefs was Richard C. Steim, Salem.

Bruce W. Williams, Salem, argued the cause for respondents. With him on the brief were Dennis J. Graves, Williams, Spooner & Graves, P.C., and Frank C. McKinney, Marion County Legal Counsel, Salem.

Before SCHWAB, C.J., and TANZER and RICHARDSON, JJ.

TANZER, Judge.

Plaintiffs in this writ of review proceeding appeal from an order of the circuit court affirming the Board of Commissioners' approval of a proposed subdivision. We reverse and remand because several of the Board's findings and conclusions misconstrue the applicable law or are not supported by substantial evidence. ORS 34.040(3), (4).

The proposed development would subdivide a 99-acre parcel of rural land (Drury parcel) into 30 lots of various...

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