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WASHINGTON COUNTY v. LAND CONSERVATION AND DEVELOPMENT COMMISSION

CA A91703 (Control), CA A91734.

942 P.2d 846 (1997)

149 Or. App. 281

WASHINGTON COUNTY, Petitioner, v. LAND CONSERVATION AND DEVELOPMENT COMMISSION, Respondent, McKay Creek Valley Association, Intervenor. Bruce BERGEY, v. LAND CONSERVATION AND DEVELOPMENT COMMISSION, Respondent, McKay Creek Valley Association, Intervenor.

Court of Appeals of Oregon.

Decided July 23, 1997.

Attorney(s) appearing for the Case

Alan A. Rappleyea, Senior Assistant County Counsel, Hillsboro, argued the cause for petitioner Washington County. With him on the brief was Dan R. Olsen, Washington County Counsel.

Robin A. Jones, Portland, argued the cause for petitioner Bruce Bergey. With her on the brief was Lindsay, Hart, Neil & Weigler.

Stephanie Striffler, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

F. Blair Batson, Portland, filed the brief for intervenor.

Before DEITS, C.J., and RIGGS and De MUNIZ, JJ.

DEITS, Chief Judge.

Petitioners Washington County and Bergey seek review of LCDC's enforcement order relating to the county's processing of certain pending farm dwelling applications. In effect, the order requires the county to follow and apply the requirements of LCDC's high-value farmland rules, OAR 660-33-120 et seq., rather than county regulations that existed at the time of the enforcement proceeding and that are inconsistent with the LCDC rules. Both...

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