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BENTON COUNTY v. FRIENDS OF BENTON COUNTY

LUBA Case No. 81-024; CA A21709 and SC 28628.

653 P.2d 1249 (1982)

294 Or. 79

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

Supreme Court of Oregon.

Decided November 23, 1982.

Attorney(s) appearing for the Case

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

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

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

LINDE, Justice.

Benton County granted a conditional use permit to Morse Bros., Inc., to expand a gravel extraction operation on the east bank of the Willamette River on land designated for exclusive farm use in the county's comprehensive plan. Upon a petition by Friends of Benton County, a private association organized as a nonprofit corporation, the Land Use Board of Appeals (LUBA) found certain errors in the county's action and remanded the matter to the county...

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