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MENGES v. BOARD OF COUNTY COM'RS, ETC.

No. 78-3111-E-2; CA 14406; SC 27039.

621 P.2d 562 (1980)

290 Or. 251

Doris MENGES, Bernice Shanabrook and Alyce Criss, Petitioners, v. BOARD OF COUNTY COMMISSIONERS OF JACKSON COUNTY, and City of Gold Hill, an Oregon Corporation, Respondents.

Supreme Court of Oregon.

Decided December 23, 1980.

Attorney(s) appearing for the Case

Frank J. Van Dyke, Medford, argued the cause for petitioner. With him on the briefs was E.R. Bashaw, Medford.

William G. Carter, Medford, argued the cause for respondents. With him on the brief was Grant, Ferguson & Carter, Medford.

Before DENECKE, C.J., and TONGUE, LENT, LINDE, PETERSON and CAMPBELL, JJ.

TONGUE, Justice.

This case involves the granting of a conditional use permit for construction of a sewage treatment plant over the protest of nearby landowners that to do so would reduce the market value of their property.

The Jackson County Hearings Council and the Board of Commissioners of Jackson County, after hearings at which the petitioners appeared, granted the City of Gold Hill a conditional use permit to build a sewage treatment plant near the banks...

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