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ALEXANDERSON v. BOARD OF COM'RS, ETC.

TC 25142; CA 13226 and SC 26628.

616 P.2d 459 (1980)

289 Or. 427

Alvin ALEXANDERSON, Petitioner, v. THE BOARD OF COMMISSIONERS FOR POLK COUNTY, Respondent.

Supreme Court of Oregon, In Banc.

Decided July 23, 1980.

Rehearing Denied October 28, 1980.

Dissenting Opinion November 4, 1980.

Attorney(s) appearing for the Case

Alvin L. Alexanderson, Salem, argued the cause and filed a brief pro se.

Dennis McCaffrey, Polk County Legal Counsel, Dallas, argued the cause and filed a brief for respondent.

Dissenting Opinion November 4, 1980. See 619 P.2d 212.

LINDE, Justice.

The issue for decision is whether Polk County unlawfully denied petitioner's application for an otherwise proper partition of his 25 acre tract of land on the ground that the partition would contravene a statewide planning goal promulgated by the Land Conservation and Development Commission ("LCDC").

The land in question qualifies as agricultural...

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