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POLK COUNTY v. MARTIN

No. 26351; CA 17301; SC 27662.

636 P.2d 952 (1981)

292 Or. 69

POLK COUNTY, a Political Subdivision of the State of Oregon, Respondent On Review, v. Kenneth MARTIN, Petitioner On Review.

Supreme Court of Oregon.

Decided December 2, 1981.

Attorney(s) appearing for the Case

M. Chapin Milbank, Salem, argued the cause for petitioner on review. With him on the petition and brief were Schlegel, Milbank, Wheeler, Jarman & Hilgemann, Salem.

Dennis McCaffrey, Dallas, argued the cause and filed briefs for respondent on review.

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

PETERSON, Justice.

This is an injunction case in which the plaintiff county asserts that the defendant's rock quarry is an unlawful land use under the county zoning ordinance. The defendant contends that his use is a permitted "nonconforming use,"1 ORS 215.130(5). We allowed review to consider the relationship between a permitted nonconforming use and "the rationale of vested rights" discussed...

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