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LANE COUNTY v. CITY OF EUGENE

LUBA No. 80-053; CA 19024.

633 P.2d 1306 (1981)

54 Or.App. 26

LANE COUNTY, Petitioner, v. CITY OF EUGENE and E.O. Drake, Respondents.

Court of Appeals of Oregon.

Decided September 21, 1981.

Attorney(s) appearing for the Case

Cristie C. McGuire, Asst. County Counsel, Eugene, for petitioner. With her on the brief was Lynn Rosik, Certified Law Student, Eugene.

Timothy J. Sercombe, Eugene, for respondent City of Eugene. With him on the brief was Johnson, Harrang, Swanson & Long, Eugene.

Michael E. Farthing, Eugene, waived appearance for respondent E.O. Drake.

Richard P. Benner, Portland, filed a brief amicus curiae for 1000 Friends of Oregon.

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

BUTTLER, Presiding Judge.

Petitioner Lane County (County) seeks judicial review of an order of the Land Use Board of Appeals (LUBA) reversing the County's order granting the application of respondent E.O. Drake (applicant) for the partition of 142 acres of land, which all parties concede to be agricultural land. In this court, the County contends that LUBA exceeded its authority by reversing the decision of the County on...

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