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SHADYBROOK E.P.A. v. WASHINGTON COUNTY

No. 81-023; CA A22835.

658 P.2d 1168 (1983)

61 Or.App. 474

SHADYBROOK Environmental Protection Association, (Sepa), et al., Petitioners-Cross-Respondents, v. WASHINGTON COUNTY, Oregon, Karban Rock, Inc., an Oregon Corporation, and Jean Jenkins, Respondents-Cross-Petitioners.

Court of Appeals of Oregon.

Decided February 2, 1983.

Review Denied March 29, 1983.

Attorney(s) appearing for the Case

Edward J. Sullivan, Portland, argued the cause for petitioners-cross-respondents. With him on the briefs was O'Donnell, Sullivan & Ramis, Portland.

DeMar Batchelor, Hillsboro, argued the cause for respondents-cross-petitioners Karban Rock, Inc. and Jean Jenkins. With him on the brief were Schwenn, Bradley, Batchelor & Brisbee, and Alan S. Bachman, Hillsboro.

Alan S. Bachman, Asst. County Counsel, Hillsboro, argued the cause for respondent-cross-petitioner Washington County. With him on the brief were DeMar Batchelor, and Schwenn, Bradley, Batchelor & Brisbee, Hillsboro.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

GILLETTE, Presiding Judge.

Petitioners seek review of a Land Use Board of Appeals' (LUBA) final opinion and order permitting operation of a quarry — a nonforest use — under Statewide Planning Goal 4 if, after remand and further consideration by the county, a finding is made that forest lands will be retained and protected for existing and potential uses despite the nonforest use allowed. Petitioners argue that LUBA erred in determining that a quarry...

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