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STATE EX REL. LOWELL v. EADS

950245Z2(3); CA A94379.

974 P.2d 692 (1999)

158 Or. App. 283

STATE ex rel. Thomas LOWELL, Respondent, v. John EADS, Jackson County Land Use Hearings Officer; Laurel Prairie-Kuntz, Director of the Jackson County Planning Department, Defendants, and Jackson County, a Political Subdivision of the State of Oregon, Respondent, and Joseph Estremado and Joyce Estremado, Appellants.

Court of Appeals of Oregon.

Decided February 10, 1999.

Attorney(s) appearing for the Case

John R. Hassen, Medford, argued the cause for appellants. With him on the briefs were Ervin B. Hogan, William F. Wilson and Hornecker, Cowling, Hassen & Heysell.

James R. Dole argued the cause for respondent Thomas Lowell. With him on the brief was Schultz, Salisbury, Cauble & Dole.

Arminda Brown, Jackson County Counsel, Medford, waived appearance for respondent Jackson County.

Before WARREN, Presiding Judge, and EDMONDS and ARMSTRONG, Judges.

ARMSTRONG, J.

Intervenors Estremado appeal from the judgment in this mandamus action under ORS 215.428(7)(b) in which the trial court ordered defendant Jackson County to approve plaintiff Lowell's applications for three forest dwelling permits. We affirm.

After the county failed to take final action on plaintiff's applications within the 120-day period prescribed by ORS 215.428(1), plaintiff invoked the mandamus remedy provided by ORS 215.428(7)(b). That section...

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