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LINN COUNTY v. HICKEY

86-1702; CA A49228.

778 P.2d 509 (1989)

98 Or.App. 100

LINN COUNTY, a Political Subdivision of the State of Oregon, Appellant, v. James William HICKEY, Respondent.

Court of Appeals of Oregon.

Decided August 30, 1989.

Attorney(s) appearing for the Case

John T. Gibbon, Civ. Deputy Dist. Atty., Albany, argued the cause for appellant. With him on the brief was Jason Carlile, Dist. Atty., Albany.

Andrew P. Ositis, Salem, argued the cause and filed the brief for respondent.

Before RICHARDSON, P.J., JOSEPH, C.J., and NEWMAN, J.

RICHARDSON, Presiding Judge.

Plaintiff Linn County brought this action to enjoin defendant from operating a dog kennel on his property in an exclusive farm use zone. County contended that kennels are a prohibited use of the property under county zoning regulations. During trial, county agreed that defendant, who has been engaged in kennel operations since the 1960's, has acquired a nonconforming use. The trial court apparently concluded that the nature and extent...

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