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LANDWATCH LANE COUNTY v. LANE COUNTY

(LUBA 2017-056) (SC S065917)

441 P.3d 221 (2019)

364 Or. 724

LANDWATCH LANE COUNTY, Petitioner on Review, v. LANE COUNTY, Respondent on Review, and Kay King, Respondent on Review.

Supreme Court of Oregon.

April 25, 2019.

Attorney(s) appearing for the Case

Sean Malone, Eugene, argued the cause and filed the brief for petitioner on review.

Michael J. Gelardi, Hershner Hunter, LLP, Eugene, argued the cause and filed the brief for respondent on review Kay King.

No appearance on behalf of Lane County.

David J. Hunnicutt, Tigard, filed the brief for amicus curiae Oregonians in Action.

Brian R. Talcott, Dunn Carney Allen Higgins & Tongue LLP, Portland, and Mary Anne Cooper, Oregon Farm Bureau, Salem, filed the brief for amicus curiae Oregon Farm Bureau Federation.

Before Walters, Chief Justice, and Balmer, Nakamoto, Flynn, Duncan, and Nelson, Justices.

This land use case requires us to interpret a 2013 statute, Oregon Laws 2013, chapter 462, section 2, that allows landowners to replace certain dwellings on land that is zoned for exclusive farm use (EFU). Kay King owns EFU-zoned land in Lane County and received county approval to replace three dwellings on the property that had been...

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