VALLEY & SILETZ R.R. v. LAUDAHL

No. 81-022; CA A21462.

642 P.2d 337 (1982)

56 Or.App. 487

VALLEY & SILETZ Railroad, Charles Phillips, and JoAnne Phillips, Petitioners, v. Mark J. LAUDAHL and Mildred A. Laudahl, Respondents.

Court of Appeals of Oregon.

Decided March 22, 1982.

Reconsideration Denied May 27, 1982.


Attorney(s) appearing for the Case

Scott McArthur, Monmouth, argued the cause for petitioners. With him on the briefs was McArthur & Jennings, P.C., Monmouth.

Mark Irick, Dallas, argued the cause for respondents. On the brief were Kenneth E. Shetterly, and Hayter, Shetterly & Irick, Dallas.

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


WARREN, Judge.

Petitioners seek judicial review of a determination by the Land Use Board of Appeals (LUBA), reversing approval of a minor partition by Polk County. LUBA found a lack of substantial evidence for the county's finding that the land was unsuitable for farm crops and livestock. We reverse and remand.

Petitioner Valley & Siletz Railroad owns approximately 300 acres of land underlying an abandoned railroad right-of-way. The property is generally...

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