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THEDE v. POLK COUNTY

No. 82-049; CA A25566.

665 P.2d 1257 (1983)

63 Or.App. 738

Phyllis E. THEDE, Gary W. Daum, James H. Feltz, Harold S. Boyd, Douglas E. Bennett and Kendall M. Barnes, Petitioners, v. POLK COUNTY, Coy DeLamar and Tom Denman, Respondents.

Court of Appeals of Oregon.

Decided July 6, 1983.

Attorney(s) appearing for the Case

Kris Jon Gorsuch, Salem, argued the cause for petitioners. With him on the briefs was Harland, Ritter, Saalfeld & Griggs, Salem.

Wallace W. Lien, Polk County Counsel, Dallas, waived appearance for respondent Polk County.

J. Michael Alexander, Salem, argued the cause and filed the brief for respondents Coy DeLamar and Tom Denman. With him on the brief was Burt, Swanson, Lathen, Alexander & McCann, Salem.

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

GILLETTE, Presiding Judge.

Petitioners, private citizens and residents of Polk County, seek judicial review of an order of the Land Use Board of Appeals (LUBA) dismissing their appeal of a land use decision of respondent Polk County that approved a partition of certain rural land. LUBA dismissed the appeal for lack of jurisdiction, because the County's land use decision was made on January 28, 1982, but petitioners' notice of intent to appeal to LUBA was not filed...

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