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JEFFERSON LANDFILL COMM. v. MARION CO.

No. 82-005; CA A25167.

671 P.2d 763 (1983)

65 Or.App. 319

THE JEFFERSON LANDFILL COMMITTEE AND JEFF FAHEY, Petitioners, v. MARION COUNTY, W.R. Schlitt, W.R. Schlitt, Jr., and Browns Island, Inc., Respondents.

Court of Appeals of Oregon, In Banc.

Resubmitted July 6, 1983.

Decided November 9, 1983.

Attorney(s) appearing for the Case

M. Chapin Milbank, Salem, argued the cause and filed the brief for petitioners.

Robert C. Cannon, Marion County Legal Counsel, Salem, argued the cause and filed the brief for respondent Marion County.

Richard C. Stein, Salem, argued the cause for respondents Schlitt and Browns Island, Inc. With him on the brief was Ramsay, Stein, Feibleman & Myers, Salem.

Resubmitted In Banc July 6, 1983.

RICHARDSON, Judge.

Petitioners appeal from a Land Use Board of Appeals (LUBA) order dismissing their appeal to LUBA from a land use decision by Marion County. The issue is whether LUBA erred in concluding that petitioners lack standing to appeal under section 4(3) of Oregon Laws 1979, chapter 772, as amended by Oregon Laws 1981, chapter 748.1 Section 4(3) provides:

"Any person who has...

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