FRIENDS OF MARION COUNTY, Salem Audubon, Richard Berkey, John Brandt and Susan Brandt, Petitioners,
v.
MARION COUNTY and Elkhorn Golf and Resort, LLC, Respondents.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and Submitted on October 13, 2009.
Decided February 3, 2010.
Attorney(s) appearing for the Case
William K. Kabeiseman, Portland, argued the cause for petitioners. With him on the brief were Carrie A. Richter, Jennifer Bragar, and Garvey Schubert Barer.
Roger A. Alfred, Portland, argued the cause for respondent Elkhorn Golf and Resort, LLC. With him on the joint brief were Steven L. Pfeiffer, Corrine S. Celko, Perkins Coie, LLP, and Jane Ellen Stonecipher, Marion County Legal Counsel.
Jane Ellen Stonecipher, Salem, argued the cause for respondent Marion County.
Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.
Court of Appeals of Oregon.
SCHUMAN, J.
Marion County approved a plan by Elkhorn Golf and Resort, LLC (developer), to build a destination resort with a golf course and 196 residential units. Petitioners appealed the county's approval to the Land Use Board of Appeals (LUBA). LUBA rejected most of petitioners' assignments of error. Petitioners now seek judicial review of those rejections. We review to determine whether LUBA's order is unlawful in substance...
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