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LANE COUNTY v. BESSETT

Nos. 781643, 781644; CA 13859, 13860.

612 P.2d 297 (1980)

46 Or.App. 319

LANE COUNTY, a Political Subdivision of the State of Oregon, Appellant, Cross-Respondent, v. Dale BESSETT and Alta Bessett, Husband and Wife, and Jack Bessett and Janice Bessett, Husband and Wife, and Mobile Crushing Co., Inc., Respondents, Cross-Appellants. MOBILE CRUSHING CO., INC., Dale Bessett, Alta Bessett, Jack Bessett and Janice Bessett, Respondents, Cross-Appellants, v. LANE COUNTY, Gerald Rust, Archie Weinstein and Robert Wood; Board of County Commissioners of Lane County, Appellants, Cross-Respondents.

Court of Appeals of Oregon.

Decided May 27, 1980.

Attorney(s) appearing for the Case

Margie Hendriksen, County Counsel, Lane County Office of Legal Counsel, Eugene, argued the cause and filed the briefs for appellants, cross-respondents.

Bruce H. Anderson, Eugene, argued the cause for respondents, cross-appellants. With him on the brief were D. Michael Wells and Coons & Anderson, Eugene.

Scott M. Galenbeck, Springfield, filed a brief amicus curiae for Fall Creek Livability Group. With him on the briefs was Lively, Wiswall, Svoboda, Thorp & Dennett, Springfield.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.

THORNTON, Judge.

The principal issue in these consolidated appeals is whether Mobile Crushing Co. (Mobile), the owner of a 171 acre parcel located in a farm-forestry zone (FF-20) in Lane County, has a right to operate a rock quarry on the property as a nonconforming use because quarry operations were conducted on the property by the United States Government, Mobile's predecessor in title.

The United States acquired the property in 1962 as a quarry site for...

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