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SMITH v. DOUGLAS COUNTY

88-016; CA A48949; SC S35737.

777 P.2d 1377 (1989)

308 Or. 191

Thomas SMITH, Jr., Petitioner On Review, v. DOUGLAS COUNTY, Respondent On Review, and Charles S. Weddle, Dianne Weddle, George Essin, Linda Essin, Charles C. Amos, Ruth J. Amos and Winifred Maker, Intervenors/Respondents below.

Supreme Court of Oregon, In Banc.

Decided August 1, 1989.

Attorney(s) appearing for the Case

Allen L. Johnson, Eugene, argued the cause for petitioner on review. On the petition were Bill Kloos and Johnson & Kloos, Eugene.

Paul G. Nolte, County Counsel, Roseburg, argued the cause for respondent on review, Douglas County.

No appearance for intervenors/respondents below.

LINDE, Justice.

The question in dispute concerns the disposition by the Land Use Board of Appeals (LUBA) of undecided issues in a contested land use decision from Douglas County. The Douglas County Planning Commission, upon referral by the county's planning director pursuant to the county's Land Use and Development Ordinance (LUDO), granted Smith's application for a conditional use permit. Neighboring landowners appealed the planning commission's decision to the Douglas...

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