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DESCHUTES COUNTY v. PINK PIT, LLC

A163541.

475 P.3d 910 (2020)

306 Or. App. 563

DESCHUTES COUNTY, a political subdivision of the State of Oregon, Plaintiff-Appellant, v. PINK PIT, LLC, an Oregon limited liability company; and Mark Latham Excavation, Inc., an Oregon corporation, dba Latham Excavation, Defendants-Respondents.

Court of Appeals of Oregon.

September 23, 2020.

Attorney(s) appearing for the Case

John E. Laherty, Bend, argued the cause and filed the briefs for appellant.

Michael W. Peterkin, Bend, argued the cause for respondents. Also on the brief was Peterkin & Associates.

Before DeHoog, Presiding Judge, and Egan, Chief Judge, and Aoyagi, Judge.

Deschutes County appeals from a judgment for defendants Pink Pit, LLC, and Mark Latham Excavation, Inc. (Latham), dismissing the county's code enforcement action against defendants and granting defendants' request for a declaration that defendants' mining operation is a "lawful non-conforming use" under ORS 215.130(5) and not subject...

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