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BILLINGTON v. POLK COUNTY

No. 83-072; CA A31169.

683 P.2d 568 (1984)

Arvis BILLINGTON and Mary Billington, Respondents, v. POLK COUNTY, Petitioner.

Court of Appeals of Oregon.

Argued and Submitted April 11, 1984.

Reconsideration Denied August 17, 1984.

Review Allowed September 5, 1984.

Attorney(s) appearing for the Case

Michael F. Najewicz, Polk County Legal Counsel, Dallas, argued the cause and filed the brief for petitioner.

No appearance for respondents.

Before Richardson, Presiding Judge, and Warden and Newman, Judges.

PER CURIAM.

Polk County appeals from an order of LUBA that remanded the county's partial road vacation for further proceedings. The only issue is whether the county's action is a "land use decision" reviewable by LUBA. ORS 197.015(10). LUBA answered that question affirmatively, with one referee dissenting. We agree with the approach taken in the dissenting opinion of Referee Kressel and agree with his proposed result.

Reversed and remanded with instructions...

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