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SPRINT PCS v. WASHINGTON COUNTY

LUBA 20-02042; A119313.

63 P.3d 1261 (2003)

186 Or. App. 470

SPRINT PCS, Respondent, v. WASHINGTON COUNTY, Respondent, and John Fritz and Sharon Fritz, Petitioners.

Court of Appeals of Oregon.

Decided February 19, 2003.

Attorney(s) appearing for the Case

Edward J. Sullivan, Portland, argued the cause for petitioners and respondent Washington County. With him on the brief were William K. Kabeiseman, Alan A. Rappleyea and Preston Gates & Ellis LLP.

Kelly S. Hossaini argued the cause for respondent Sprint PCS. With her on the brief was Miller Nash LLP.

Before EDMONDS, Presiding Judge, and KISTLER and SCHUMAN, Judges.

KISTLER, J.

John and Sharon Fritz petition for review of a Land Use Board of Appeals (LUBA) decision. They assert that LUBA erred when it remanded a Washington County decision that rejected Sprint PCS's application to site a cell phone tower on exclusive farm use (EFU) land. We affirm LUBA's decision as modified below.

Sprint provides wireless telecommunication services. Having decided to improve its wireless communications coverage along a portion of Highway...

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