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SETNIKER v. POLK COUNTY

2010057; A148070.

260 P.3d 800 (2011)

244 Or. App. 618

David SETNIKER and Joan Setniker, Petitioners Cross-Respondents, and Rickreall Community Water Association; Madjic Farms, Inc.; Michael S. Calef; Susan D. Calef; and E.M. Easterly, Respondents, v. POLK COUNTY and CPM Development Corporation, Respondents Cross-Petitioners.

Court of Appeals of Oregon.

Decided August 3, 2011.

Attorney(s) appearing for the Case

William H. Sherlock, Eugene, argued the cause for petitioners-cross-respondents. With him on the briefs were Zach Mittage and Hutchinson, Cox, Coons, DuPriest, Orr & Sherlock, P.C.

Wallace Lien, Salem, argued the cause for respondent-cross-petitioner CPM Development Corporation. With him on the joint brief was David Doyle for respondent-cross-petitioner Polk County.

No appearance for respondents Rickreall Community Water Association, Madjic Farms, Inc., Michael S. Calef, Susan D. Calef, and E.M. Easterly.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

SCHUMAN, P.J.

CPM Development Corporation seeks to develop a sand-and-gravel operation on property adjacent to farmland owned by petitioners in Polk County. In pursuing that development, CPM submitted a three-part application to the county, and the county approved it. Petitioners appealed the county's decision to LUBA. LUBA rejected most of petitioners' assignments of error but remanded to the county on others. Rickreall Community Water Assoc. v. Polk County,<...

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