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FORMAN v. CLATSOP COUNTY

SC 29833; CA A24527; TC CC82-156.

681 P.2d 786 (1984)

297 Or. 129

Ronald A. FORMAN and Julie A. Forman, Petitioners On Review, v. CLATSOP COUNTY, a Political Subdivision of the State of Oregon; Sports Acres, Inc., an Oregon Corporation; Milton O. Brown and Raymond Kittleson, Respondents On Review.

Supreme Court of Oregon, In Banc.

Decided May 22, 1984.

Attorney(s) appearing for the Case

Nicholas D. Zafiratos, Astoria, argued the cause and filed brief for petitioners on review. With him on the brief was Zafiratos & Roman, Astoria.

Timothy V. Ramis, Portland, argued the cause and filed brief for respondents on review Sports Acres, Inc., Milton O. Brown and Raymond Kittleson. With him on the brief was O'Donnell, Sullivan & Ramis, Portland.

David R. Williams and Barry L. Adamson, Portland, filed an amicus curiae brief for Union Oil Co. of California. With them on the brief was Williams, Stark, Hiefield, Norville, P.C., Portland.

No appearance was filed for Clatsop County.

LINDE, Justice.

Plaintiffs ask us to reverse decisions of the Circuit Court for Clatsop County and of the Court of Appeals that the Land Use Board of Appeals (LUBA) rather than the circuit court had jurisdiction to review Clatsop County's determination that a proposed land development could continue as a nonconforming use.

The Court of Appeals summarized the facts as follows:

"In 1978, defendants purchased Sports Acres, a 50-acre complex consisting...

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