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STATE EX REL. JACKSON CREEK SAND CO. v. JACKSON COUNTY

95-2853-E-2; CA A93329.

938 P.2d 773 (1997)

147 Or. App. 577

STATE of Oregon ex rel. JACKSON CREEK SAND COMPANY, an Oregon corporation, Respondent, v. JACKSON COUNTY, Appellant.

Court of Appeals of Oregon.

Decided April 30, 1997.

Attorney(s) appearing for the Case

Arminda J. Brown, Medford, argued the cause for appellant. With her on the briefs was Jackson County Counsel.

Daniel O'Connor, Medford, argued the cause for respondent. With him on the brief was Huycke & O'Connor.

Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and John T. Bagg, Assistant Attorney General, filed a brief amicus curiae for Department of Land Conservation and Development.

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

WARREN, Presiding Judge.

The issue in this mandamus action is whether petitioner Jackson Creek Sand Company's (petitioner) proposed commercial gravel extraction and processing operation is "auxiliary" to a forest practice. If so, it is exempt from Jackson County's (the county) land use regulations. If not, those regulations require petitioner to obtain a conditional use permit before beginning work. The trial court held that the operation was auxiliary to the forest...

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