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DESLER v. LANE COUNTY BOARD OF COMMISSIONERS

557 P.2d 52 (1976)

27 Or.App. 709

Daniel J. DESLER et al., Appellants, v. LANE COUNTY BOARD OF COMMISSIONERS and Don M. Penfold, Lane County Clerk, Respondents, State of Oregon, Department of Transportation, Highway Division, Intervenor-Respondent.

Court of Appeals of Oregon.

Decided December 13, 1976.

Attorney(s) appearing for the Case

William G. Wheatley, and Jaqua & Wheatley, Eugene, filed the brief for appellants.

No appearance for respondents Lane County Board of Commissioners and Don M. Penfold, Lane County Clerk.

Lee Johnson, Atty. Gen., W. Michael Gillette, Sol. Gen., and Al J. Laue, Asst. Atty. Gen., Salem, filed the brief for intervenor-respondent.

Before SCHWAB, C.J., and FORT and TANZER, JJ.

SCHWAB, Chief Judge.

This writ of review proceeding challenges a conditional-use permit issued by the Lane County Board of Commissioners to the Highway Division of the Department of Transportation. The permit authorizes the Division to remove and process sand, gravel and rock products from land located adjacent to a borrow pit from which the Division is already entitled to excavate gravel. The existing pit covers much of the state-owned 10-acre tract. The permit concerns...

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