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GREEN v. DOUGLAS COUNTY

2010106; A148427.

263 P.3d 355 (2011)

245 Or. App. 430

Richard GREEN and Emily Green, Petitioners Cross-Respondents, v. DOUGLAS COUNTY, Respondent, and Chuck Hester and Sandy Hester, Respondents Cross-Petitioners.

Court of Appeals of Oregon.

Decided September 08, 2011.

Attorney(s) appearing for the Case

Bill Kloos, Eugene, argued the cause and filed the response brief for petitioners-cross-respondents. On the opening brief were Nick Klingensmith, and Law Office of Bill Kloos, PC.

David J. Hunnicutt, Tigard, argued the cause and filed the brief for respondents-cross-petitioners.

No appearance for respondent Douglas County.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and ROSENBLUM, Senior Judge.

SERCOMBE, J.

After Douglas County (the county) approved an expanded conditional use permit for respondents' home business, petitioners appealed to the Land Use Board of Appeals (LUBA). Because it determined that the county's decision was inconsistent with ORS 215.448(1), a statute that regulates home businesses in exclusive farm and forest zones, LUBA remanded the case to the county. However, LUBA sustained the county's determination that approval of the proposed...

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