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OCHOCO CONST. v. DEPT. OF LAND CONSERVATION

No. 80-031; CA A20450.

641 P.2d 49 (1982)

56 Or.App. 36

OCHOCO CONSTRUCTION, Inc., Petitioner, v. DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT AND CROOK COUNTY BOARD OF COMMISSIONERS, Respondents.

Court of Appeals of Oregon.

Decided February 22, 1982.

Reconsideration Denied April 1, 1982.

Attorney(s) appearing for the Case

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

Mary Deits, Asst. Atty. Gen., Salem, argued the cause for respondent Department of Land Conservation and Development. With her on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Gary S. Thompson, Dist. Atty., Prineville, waived appearance for respondent Crook County Board of Commissioners.

Before GILLETTE, P.J., YOUNG, J., and ROBERTS, Judge Pro Tem.

GILLETTE, Presiding Judge.

Petitioner, Ochoco Construction, Inc. (Ochoco), appeals from an order of the Land Use Board of Appeals (LUBA) that remanded to the Crook County Court, the County's governing body, a decision granting preliminary plat approval for "Cascade Village," a 200 lot subdivision on 433 acres in Crook County. Ochoco argues: 1) the Department of Land Conservation and Development (Department) does not have the authority to represent the State of Oregon...

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