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BYRD v. STRINGER

No. 81-068; CA A22578.

652 P.2d 1276 (1982)

60 Or.App. 1

Clarence BYRD and Virginia Byrd, Petitioners, v. Marilyn STRINGER, Respondent.

Court of Appeals of Oregon.

Decided October 27, 1982.

Reconsideration Denied December 10, 1982.

Attorney(s) appearing for the Case

Douglas Fowler, Portland, argued the cause for petitioners. On the brief was Diane Spies, Portland.

Mark J. Greenfield, Portland, argued the cause and filed the brief for respondent.

Dave Frohnmayer, Atty. Gen., William F. Gary, Sol. Gen., and Mary J. Deits, Asst. Atty. Gen., Salem, filed a brief amicus curiae.

Before GILLETTE, P.J., JOSEPH, C.J., and YOUNG, J.

JOSEPH, Chief Judge.

The issue in this case is whether the Polk County Board of County Commissioners' decision to approve construction of a "farm dwelling"1 on a 1.02 acre parcel in an area designated "Farm/Forest" under the county's acknowledged comprehensive plan and zoning ordinance violates the plan and the ordinance.2 The Land Use Board of Appeals (LUBA) held that it did, and petitioners, owners of the...

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