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ALLUIS v. MARION COUNTY

No. 82-074; CA A27060.

668 P.2d 1242 (1983)

64 Or.App. 478

Henry E. ALLUIS and Judy F. Alluis, Respondents, v. MARION COUNTY, a Political Subdivision of the State of Oregon, Petitioner.

Court of Appeals of Oregon.

Decided August 31, 1983.

Attorney(s) appearing for the Case

Robert C. Cannon, Marion County Legal Counsel, Salem, argued the cause and filed the brief for petitioner.

Donald M. Kelley, Silverton, argued the cause for respondents. With him on the brief was Kelley & Kelley, Silverton.

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

YOUNG, Judge.

Marion County seeks judicial review of a final order of the Land Use Board of Appeals (LUBA), that reversed a determination by the county that its comprehensive plan prohibits lot sizes smaller than 1.5 acres in "rural residential" areas. LUBA found the relevant language of the plan to be permissive and ruled that the implementing zoning ordinance, which sets a minimum lot size of one acre, controls. We affirm.

Respondents sought to partition...

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