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BD. OF COM'RS, ETC. v. DEPT. OF LAND CON. & DEV

No. 76-008; CA 9470.

582 P.2d 59 (1978)

35 Or.App. 725

BOARD OF COMMISSIONERS OF CLACKAMAS COUNTY, Petitioner, v. DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT, James F. Ross, Acting Director, City of Sandy, Oregon, Charles and Marthe Ruegg, and Otto and Gretta Ourecky, Respondents.

Court of Appeals of Oregon.

Decided August 8, 1978.

Attorney(s) appearing for the Case

Keith Kinsman, Asst. County Counsel, Oregon City, argued the cause and filed the brief for petitioner.

James C. Rhodes, Asst. Atty. Gen., Salem, argued the cause for respondent Dept. of Land Conservation and Development. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

John H. Hammond, Jr., Deputy City Atty., Sandy, argued the cause and filed the brief for respondent City of Sandy.

No appearance for respondents Charles and Marthe Ruegg, and Otto and Gretta Ourecky.

Before SCHWAB, C.J., and JOHNSON, GILLETTE and ROBERTS, JJ.

GILLETTE, Judge.

The Clackamas County Board of Commissioners seek judicial review of an order of the Land Conservation and Development Commission (LCDC), vacating and remanding an order by the commissioners granting a zone change. We reverse and remand.

The zone change at issue was approved by the County Board of Commissioners on January 22, 1976, and granted to Carmel Estates, Inc., by an order entered February 26, 1976. Carmel Estates had sought the zone...

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