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BREIVOGEL v. WASHINGTON COUNTY

91-146; CA A74505.

834 P.2d 473 (1992)

114 Or. App. 55

J. Robert BREIVOGEL, Patricia Kliewer, Susanna L. Stephenson, Michael Stephenson, Jerry L. Ross, Teresa Ross, M. Lianne McNeil, Patricia McIntyre, and Clark King, Respondents-Cross-Petitioners, v. WASHINGTON COUNTY, Petitioner-Cross-Respondent, and Kite/Cupp Legend Golf Development Company, Petitioner-Cross-Respondent.

Court of Appeals of Oregon.

Decided July 8, 1992.

Attorney(s) appearing for the Case

David C. Noren, Asst. County Counsel, Hillsboro, argued the cause and filed the briefs for petitioner-cross-respondent Washington County.

Gregory S. Hathaway, Portland, argued the cause for petitioner-cross-respondent Kite/Cupp Legend Golf Development Co. With him on the briefs were Virginia L. Gustafson and Garvey, Schubert & Barer, Portland.

Maria Hall, Portland, argued the cause and filed the brief for respondents-cross-petitioners.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

WARREN, Presiding Judge.

On June 7, 1991, a Washington County hearings officer approved petitioner Kite/Cupp Legend Golf Development Company's (petitioner) application to install a golf course on a 345-acre parcel in an exclusive farm and forestry zone. Respondents1 filed an appeal from that decision to the governing body, and petitioner filed a motion for reconsideration by the hearings officer. The hearings officer allowed reconsideration...

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