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BENTON COUNTY v. FRIENDS OF BENTON COUNTY

LUBA No. 81-024; CA A21709.

642 P.2d 358 (1982)

BENTON COUNTY, a Political Subdivision of the State of Oregon, Petitioner, v. FRIENDS OF BENTON COUNTY, Respondent.

Court of Appeals of Oregon.

Argued and Submitted November 23, 1981.

Reconsideration Denied April 29, 1982.

Review Allowed May 11, 1982.

Attorney(s) appearing for the Case

Richard T. Ligon, Benton County Counsel, Corvallis, argued the cause and filed the brief for petitioner.

Richard C. Stein, Salem, argued the cause for respondent. With him on the brief was Ramsay, Stein, Feibleman & Myers, Salem.

Before GILLETTE, P.J., JOSEPH, C.J., and ROBERTS, J. Pro Tem.

ROBERTS, Justice Pro Tem.

The subject of this appeal is a conditional use permit issued by Benton County Commissioners to allow expansion of an existing gravel extraction operation in an area designated by the Benton County Comprehensive Plan for exclusive farm use. The Land Use Board of Appeals (LUBA) remanded the matter to the county after finding that the county violated its comprehensive plan and conditional use ordinance in granting the permit. Benton County...

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