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COOKMAN v. MARION COUNTY

2003-008; A121870.

78 P.3d 1264 (2003)

190 Or. App. 395

Scott COOKMAN and Laurel Cookman, Petitioners, v. MARION COUNTY, Respondent.

Court of Appeals of Oregon.

Decided November 5, 2003.

Attorney(s) appearing for the Case

Ross Day, Portland, argued the cause for petitioners. With him on the brief was Oregonians in Action Legal Center.

Jane Ellen Stonecipher, Marion County Legal Counsel, argued the cause and filed the brief for respondent.

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

PER CURIAM.

Marion County granted petitioners a conditional use permit allowing them to use their property for a bed and breakfast but restricting its use for outdoor mass gatherings. Petitioners appealed to the Land Use Board of Appeals (LUBA), arguing that the county had misinterpreted ORS 197.015(10)(d) so as to limit their outdoor mass gatherings to one gathering of fewer than 3,000 people, lasting not more than 120 hours...

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