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WASTE NOT OF YAMHILL CTY. v. YAMHILL COUNTY

2010002; A146170.

246 P.3d 493 (2010)

240 Or. App. 285

WASTE NOT OF YAMHILL COUNTY, Respondent, v. YAMHILL COUNTY; and Riverbend Landfill Company, Inc., Petitioners.

Court of Appeals of Oregon.

Decided December 29, 2010.

Attorney(s) appearing for the Case

Tommy A. Brooks, Portland, argued the cause for petitioners. With him on the brief were James E. Benedict and Cable Huston Benedict Haagensen & Lloyd LLP, and Rick Sanai, Senior Assistant County Counsel, Yamhill County.

William K. Kabeiseman, Portland, argued the cause for respondent. With him on the brief was Garvey Schubert Barer.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and SERCOMBE, Judge.

SERCOMBE, J.

This case concerns whether an opinion and order of the Land Use Board of Appeals (LUBA) is unlawful in substance. Petitioner Waste Not of Yamhill County and others appealed a Yamhill County land use decision to LUBA. The county land use decision had approved comprehensive plan and zoning changes, a floodplain development permit, and a site plan for a landfill expansion. Petitioner contended, among other things, that the county erred in taking a variance...

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