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McKAY CREEK VALLEY v. WASHINGTON COUNTY

LUBA No. 92-238; CA A79679.

857 P.2d 167 (1993)

122 Or. App. 59

The McKAY CREEK VALLEY ASSOCIATION and Chris Clark King, Petitioners-Cross-Respondents, v. WASHINGTON COUNTY, Respondent, and Karban Corporation, Respondent-Cross-Petitioner.

Court of Appeals of Oregon.

Decided July 28, 1993.

Attorney(s) appearing for the Case

Robert L. Liberty, Portland, argued the cause and filed the briefs for petitioners-cross-respondents.

David C. Noren, Sr. Asst. County Counsel, Hillsboro, argued the cause for respondent. With him on the brief was John M. Junkin, Washington County Counsel, Hillsboro.

William A. Monahan, Portland, argued the cause for respondent-cross-petitioner. With him on the brief was Timothy V. Ramis, Portland.

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

DEITS, Presiding Judge.

Petitioners seek review of and respondent Karban Corporation (respondent) cross-petitions from LUBA's remand of Washington County's approval of respondent's application to operate an aggregate processing facility in an exclusive farm use zone. LUBA rejected the county's contrary conclusion and held that the proposed use was not one authorized by ORS 215.213(2)(d), at least under the theories that respondent preserved, because the aggregate...

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