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BENTON COUNTY v. VINCENT

No. 81-126; CA A24487.

653 P.2d 279 (1982)

60 Or.App. 324

BENTON COUNTY, a Political Subdivision of the State of Oregon, Petitioner-Cross-Respondent, v. Robert VINCENT, Roswitha Hopkins, Lawrence Kampfer, Colan McKinnon, Ruth Vincent, and Paula McKinnon, Respondents-Cross-Petitioners.

Court of Appeals of Oregon.

Decided November 17, 1982.

Attorney(s) appearing for the Case

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

Roderick L. Johnson, Thomas & Johnson, and Johnson & Johnson, Corvallis, filed the brief for respondents-cross-petitioners.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

PER CURIAM.

Benton County granted a conditional use permit to Newmans to operate a rock quarry. Respondents, who live near the rock quarry, appealed to the Land Use Board of Appeals (LUBA), contending, inter alia, that the county had misinterpreted the relevant ordinance in granting the permit. LUBA agreed and remanded to the county for reconsideration in light of LUBA's interpretation of the ordinance. The county appeals, contending that its interpretation...

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