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SIEGERT v. CROOK COUNTY

2010110; A148909.

266 P.3d 170 (2011)

246 Or. App. 500

Richard SIEGERT, Petitioner below, and Linda Siegert, Petitioner, v. CROOK COUNTY, Respondent.

Court of Appeals of Oregon.

Decided November 9, 2011.

Attorney(s) appearing for the Case

William A. Van Vactor, Bend, argued the cause for petitioner. With him on the brief was Miller Nash LLP.

Eric Blaine, Assistant County Counsel, argued the cause and filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and BREWER, Chief Judge, and NAKAMOTO, Judge.

SCHUMAN, P.J.

The Crook County Court approved the location of a dog breeding kennel in a zone where, under the current zoning code, such kennels are not permitted. The county reasoned that, when the current zoning code was enacted in 1977, the kennel was already in existence and lawful under the then-current code (1973), and such pre-existing lawful uses could be subsequently "verified." See ORS 215.130(5). Petitioner Linda Siegert appealed the county's decision to...

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