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McCOY v. LINN COUNTY

LUBA 87-046; CA A47082.

752 P.2d 323 (1988)

90 Or.App. 271

Annie McCoy, Penne and Richard Bilyeu, Larry and Phyllis Crenshaw, Daniel and Karen Eckis, Patricia Frederic, Richard Frederic, Sylvesta Limbeck, Frank McCoy, Sharon Parrish and Carl S. Yaillen, Respondents, v. LINN COUNTY, Respondent below, and Merlyn E. Bentley, and G & G Rock Quarry, Inc., Petitioners.

Court of Appeals of Oregon.

Decided April 6, 1988.

Attorney(s) appearing for the Case

Steven Schwindt, Canby, argued the cause for petitioners. With him on the brief was Reif and Reif, Canby.

Charles H. Combs, Oregon City, argued the cause and filed the brief for respondents.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

Petitioners seek review of LUBA's remand of Linn County's decisions adding a 25-acre area to the county's Goal 5 inventory of aggregate extraction sites and granting petitioners a conditional use permit for extraction and processing operations in that area. Petitioners' first assignment is the only one which warrants discussion. They argue that LUBA erred by rejecting the county's interpretation...

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