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LYFORD v. BOARD OF COM'RS FOR BENTON

No. 36035; CA A20525.

651 P.2d 1355 (1982)

59 Or.App. 585

John H. LYFORD, Jr., and Nancy B. Lyford, Husband and Wife; Andrew G. Carey and Elizabeth Carey, Husband and Wife; David N. Myers and Noeline Myers, Husband and Wife; and Gilbert J. Saegaert and Annabelle Saegaert, Husband and Wife, Respondents, v. THE BOARD OF COMMISSIONERS FOR BENTON COUNTY, Oregon, Barbara Ross, Chairman, Dale D. Schrock, and Larry Callahan, Respondents, Pacific Northwest Bell Telephone Company, a Washington Corporation, and Brand-S Corporation, an Oregon Corporation, Appellants.

Court of Appeals of Oregon.

Decided October 13, 1982.

Reconsideration Denied November 23, 1982.

Attorney(s) appearing for the Case

Paul J. De Muniz, Salem, argued the cause for appellants. With him on the briefs were Garrett, Seideman, Hemann, Robertson & De Muniz, P.C., Salem.

Robert L. Liberty, Portland, argued the cause and filed the brief for respondents.

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

BUTTLER, Presiding Judge.

Petitioners in this writ of review proceeding seek review of the Benton County Board of Commissioners' (Board) order granting Pacific Northwest Bell (PNB) a conditional use permit to install a passive reflector tower near petitioners' homes. The circuit court, after an evidentiary hearing on the petition, denied PNB's motion to quash for untimely filing and found that at the Board hearing on the application petitioners had not had an adequate...

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