OVERTON v. BENTON COUNTY

LUBA No. 81-104; CA A24719.

658 P.2d 574 (1983)

61 Or.App. 667

W. Scott OVERTON, Gilbert J. Saegaert, Annabelle O. Saegaert, Richard S. Miles, Homer F. Twedt, Carol Hemphill, and League of Women Voters of Corvallis, Inc., Petitioners, v. BENTON COUNTY, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted February 9, 1983.

Decided February 16, 1983.


Attorney(s) appearing for the Case

Richard P. Benner, Portland, argued the cause and filed the brief for petitioners.

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


Resubmitted In Banc February 9, 1983.

GILLETTE, Presiding Judge.

Petitioners appeal an order of the Land Use Board of Appeals (LUBA) rejecting their contention that the "standing" provisions of certain amendments to the Benton County zoning ordinance are contrary to ORS 215.422(1), ORS 215.422(2), Article I, Sections 10 and 20 of the Oregon Constitution and the Equal Protection Clause of the Fourteenth Amendment. We reverse.

The ordinance in question...

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