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MOORE v. COOS COUNTY

LUBA No. 95-149; CA A93973.

925 P.2d 927 (1996)

144 Or. App. 195

William MOORE and Marilyn Moore, Respondents, v. COOS COUNTY, Frank Black and Ramona Black, Petitioners.

Court of Appeals of Oregon.

Decided October 23, 1996.

Attorney(s) appearing for the Case

David R. Ris, County Counsel, Coquille, filed the brief for petitioner Coos County.

Jerry O. Lesan and Lesan & Finneran, Coos Bay, filed the brief for petitioners Frank Black and Ramona Black.

No appearance for respondents.

Before DEITS, P.J., and DE MUNIZ and HASELTON, JJ.

DEITS, Presiding Judge.

Petitioners Black (petitioners) and Coos County seek review of LUBA's remand of the county's approval of petitioners' application for a nonfarm dwelling in an exclusive farm use (EFU) zone. We reverse.

The county based its approval on two alternative grounds: That the dwelling qualified as a nonconforming use under the applicable provision of the county zoning ordinance, and that it would be situated on a one-acre parcel that is "generally...

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