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RUTHERFORD v. ARMSTRONG

572 P.2d 1331 (1977)

31 Or.App. 1319

William D. RUTHERFORD, Appellant, v. Colin ARMSTRONG, Ted Lopuszynski, Morris Majors, As Members of the Yamhill County Board of Commissioners, and C.W. Borders, Respondent, Odin Birkland, Defendant.

Court of Appeals of Oregon.

Decided December 27, 1977.

Attorney(s) appearing for the Case

Robert E. Stacey, Jr., Portland, argued the cause and filed the briefs for appellant.

Robert S. Willoughby, Yamhill County Counsel, McMinnville, argued the cause and filed the brief for respondent Yamhill County Board of Commissioners.

Mervin W. Brink, Hillsboro, argued the cause for respondent C.W. Borders. With him on the brief was Brink, Moore, Brink & Peterson, Hillsboro.

Norman F. Webb, Salem, filed a brief amicus curiae for Oregon Association of Realtors. With him on the brief was Donald R. Jacobs, Salem.

Before SCHWAB, C.J., and JOHNSON and JOSEPH, JJ.

JOHNSON, Judge.

Petitioner appeals the trial court's affirmance on writ of review of a decision by the Yamhill County Board of Commissioners approving a variance from the county's comprehensive plan.

The variance is to construct a single family residence on a five-acre parcel which was partitioned in 1969. In 1975, the county adopted its comprehensive plan designating the area in which the parcel is located as "agricultural/forestry." The plan further provides...

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