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DOT v. CITY OF MOSIER

(LUBA NO. 97-251; CA A105593)

984 P.2d 351 (1999)

161 Or. App. 252

DEPARTMENT OF TRANSPORTATION and Howard W. Houston, Jr., Respondents, v. CITY OF MOSIER, Scenic Highway Alliance and Ron Carroll, Petitioners.

Court of Appeals of Oregon.

Decided July 7, 1999.

Attorney(s) appearing for the Case

Tracy Pool Reeve, City Attorney, filed the brief for petitioner City of Mosier, and Daniel Kearns argued the cause and filed the brief for petitioners Scenic Highway Alliance and Ron Carroll. With him on the brief was Reeve Kearns, PC.

Anne L. Cottrell, Assistant Attorney General, argued the cause for respondent Department of Transportation. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Mark S. Womble argued the cause and filed the brief for respondent Howard W. Houston, Jr.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and BREWER, Judge.

DEITS, C.J.

Petitioners seek review of LUBA's reversal of the City of Mosier's governing body's (council) determination that, under provisions of the city's land use regulations, respondent state Department of Transportation (ODOT) does not have a nonconforming use to continue certain quarry operations that it conducts within the city.1 We reverse and remand.

The council initiated the proceedings that began this matter on its own...

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