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POLK COUNTY v. MARTIN

No. 26351; CA 17301.

622 P.2d 1152 (1981)

50 Or.App. 361

POLK COUNTY, a Political Subdivision of the State of Oregon, Appellant, v. Kenneth MARTIN, Respondent.

Court of Appeals of Oregon.

Decided February 9, 1981.

Reconsideration Denied March 12, 1981.

Attorney(s) appearing for the Case

Dennis McCaffrey, Polk County Counsel, Dallas, argued the cause and filed the briefs for appellant.

M. Chapin Milbank, Salem, argued the cause for respondent. With him on the brief was Schlegel, Milbank, Wheeler, Jarman & Hilgemann, Salem.

Before GILLETTE, P.J., and ROBERTS and YOUNG, JJ.

YOUNG, Judge.

Polk County brought this action to enjoin defendant from operating a rock quarry on his property. In September, 1978, the county zoned defendant's property AF, Agriculture-Forestry, a classification which does not permit mineral extraction. In 1979, following a period of substantial inactivity, extensive blasting, ripping and removal of rock began at one of defendant's quarry sites. The county thereafter filed its complaint for an injunction, alleging...

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