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MARESH v. YAMHILL COUNTY

No. LCDC 3-83; CA A28829.

683 P.2d 124 (1984)

Jim MARESH, Lois Maresh, Rodney Stevens, Nancy Stevens, William Archibald, Bessie Archibald, Dick Erath, David Lett, Fred Arterberry, Martha Arterberry, Arthur Weber, Vivian Weber, John Bauers, Sally Bauers, and Land Conservation and Development Commission, Respondents, v. YAMHILL COUNTY, Petitioner.

Court of Appeals of Oregon.

Argued and Submitted March 30, 1984.

Attorney(s) appearing for the Case

Daryl S. Garrettson, Yamhill County Counsel, McMinnville, argued the cause for petitioner. With him on the brief was John M. Gray, Jr., Asst. County Counsel, McMinnville.

Michael D. Reynolds, Asst. Atty. Gen., Salem, argued the cause for respondent Land Conservation Development Commission. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Frank Josselson, Portland, argued the cause for respondents Jim Maresh, Lois Maresh, Rodney Stevens, Nancy Stevens, William Archibald, Bessie Archibald, Dick Erath, David Lett, Fred Arterberry, Martha Arterberry, Arthur Weber, Vivian Weber, John Bauers, and Sally Bauers and joined in the brief of respondent Land Conservation Development Com'n.

Before RICHARDSON, P.J., and WARDEN and YOUNG, JJ.

RICHARDSON, Presiding Judge.

Yamhill County petitions for review of an order in a post-acknowledgment proceeding of the Land Conservation and Development Commission (LCDC). The order invalidated the county's Ordinance 322. Respondents filed objections with LCDC against the ordinance's rezoning of two quarry sites from an agricultural-forestry (AF) to a mineral resource (MR) designation. LCDC held, inter alia, that the ordinance violates Goal 5 and that the...

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