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RODRIGUEZ v. MARION COUNTY

LUBA No. 93-077; CA A81638.

866 P.2d 495 (1994)

125 Or. App. 617

Nasario RODRIGUEZ and Lucila Rodriguez, Respondents, v. MARION COUNTY, Petitioner, and Arthur Schwab, Intervenor-Respondent Below.

Court of Appeals of Oregon.

Decided January 5, 1994.

Attorney(s) appearing for the Case

Robert C. Cannon, Marion County Legal Counsel, argued the cause and filed the brief for petitioner.

M. Chapin Milbank argued the cause and filed the brief for respondents.

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

DEITS, Presiding Judge.

In 1981, respondents' predecessors filed an application with Marion County which the county granted. Although the application was nominally only for a lot line adjustment to partition a parcel in an agricultural area, both the application and the county's written decision granting it speak in detail about a nonfarm dwelling that the applicants intended to build on the smaller of the two resulting properties.

In 1992, respondents began...

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