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SCHROCK FARMS, INC. v. LINN COUNTY

LUBA 90-061; CA A77027.

844 P.2d 253 (1992)

117 Or. App. 390

SCHROCK FARMS, INC., an Oregon corporation, Vernon Schrock and Dean Schrock, Petitioners, v. LINN COUNTY and Oregon Department of Transportation, Respondents.

Court of Appeals of Oregon.

Decided December 30, 1992.

Attorney(s) appearing for the Case

Edward F. Schultz, Albany, argued the cause for petitioners. With him on the brief was Weatherford, Thompson, Quick & Ashenfelter, P.C., Albany.

John T. Gibbon, Civil Deputy Dist. Atty., Albany, waived appearance for respondent Linn County.

John T. Bagg, Asst. Atty. Gen., Salem, argued the cause for respondent Oregon Dept. of Transp. With him on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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

RICHARDSON, Presiding Judge.

Respondent Oregon Department of Transportation (ODOT) applied for, and Linn County granted, an exception to Goal 3, a resource land division and a partition of a farm parcel in an exclusive farm use zone. The county's decision allowed ODOT to locate a highway segment across the parcel. Petitioners appealed to LUBA and contended, inter alia, that the decision violated ORS 215.2831 and corresponding provisions...

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