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LEMMON v. CLEMENS

No. 81-056; CA A22430.

646 P.2d 633 (1982)

57 Or.App. 583

Melvin LEMMON, Petitioner, v. Richard CLEMENS, Respondent.

Court of Appeals of Oregon.

Decided June 9, 1982.

Attorney(s) appearing for the Case

Richard E. Miller, Eugene, argued the cause for petitioner. With him on the brief were Hershner, Hunter, Miller, Moulton & Andrews, and Bick & Monte, P.C., Eugene.

Michael E. Farthing, Eugene, argued the cause for respondent. With him on the brief was Butler, Husk, Gleaves & Swearingen, Eugene.

Before GILLETTE, P.J., JOSEPH, C.J., and YOUNG, J.

JOSEPH, Chief Judge.

This is a judicial review of an order of the Land Use Board of Appeals (LUBA) that reversed an order by Lane County granting the petitioner a five-year conditional use permit to operate a marine repair shop and storage facility.

Petitioner is an owner of a 15-acre tract in Lane County adjacent to Eugene's city limits and within the city's urban growth boundary. Before 1976, the entire tract was devoted to agricultural use as a family farm...

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