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FLURY v. LAND USE BD. OF APPEALS

LUBA No. 79-006; CA 17374.

623 P.2d 671 (1981)

50 Or.App. 263

David FLURY, Dale Lander and Lattie Broyhill, Petitioners, v. LAND USE BOARD OF APPEALS, 1000 Friends of Oregon, the Assumed Name of Oregon Land Use Project, Inc., an Oregon Corporation, and Neil C. Talcott, and Douglas County, Oregon, Respondents.

Court of Appeals of Oregon.

Decided February 3, 1981.

Attorney(s) appearing for the Case

Donald A. Dole, Roseburg, argued the cause for petitioners. With him on the brief was Neuner, Dole, Caley & Kolberg, Roseburg.

Mark J. Greenfield, Portland, argued the cause and filed the brief for respondents 1000 Friends of Oregon and Neil C. Talcott.

Al J. Laue, Asst. Atty. Gen., Salem, waived appearance for respondent Land Use Bd. of Appeals.

Clifford W. Kennerly, County Counsel, Roseburg, waived appearance for respondent Douglas County, Oregon.

Before JOSEPH, P.J., and WARDEN and WARREN, JJ.

WARDEN, Judge.

Petitioners own 860 acres of land in the North Umpqua portion of Douglas County, 480 acres of which they seek to subdivide into twelve forty-acre parcels. The Douglas County Planning Commission and the Board of County Commissioners (county) approved the proposed plat, known as the "Colliding River Ranches Subdivision." The county characterized the land as marginal agricultural land for livestock grazing and found the preferred use of the parcels to...

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