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SOMMER v. DOUGLAS COUNTY

83-ACK-12; CA A27743.

689 P.2d 1000 (1984)

70 Or.App. 465

Richard H. SOMMER; Robert L. Wilson; Robert McCreary; Arlen Weaver; Carol Delsman; and Thomas Delsman, Petitioners, v. DOUGLAS COUNTY, and Land Conservation and Development Commission, Respondents.

Court of Appeals of Oregon.

Decided October 24, 1984.

Attorney(s) appearing for the Case

Michael C. Dotten, Portland, argued the cause for petitioners. With him on the briefs were Heller, Ehrman, White & McAuliffe, Portland.

Corinne C. Sherton, Salem, argued the cause for respondent Douglas County. With her on the brief were O'Donnell, Sullivan & Ramis, Salem.

Michael B. Huston, Asst. Atty. Gen., Salem, argued the cause for respondent Land Conservation and Development Commission. With him on the brief were Dave Frohnmayer, Atty. Gen., William F. Gary, Deputy Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Richard D. Wasserman, Asst. Atty. Gen.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

NEWMAN, Judge.

Petitioners appeal from a Land Conservation and Development Commission (LCDC) order acknowledging that the Douglas County Comprehensive Plan and land use regulations are in compliance with the statewide land use planning goals. ORS 197.251. We reverse and remand.

Petitioners assign five errors, three of which relate to LCDC's approval of the county's exception of two areas, the Briggs and High Mesa Estates sites, from the application of Goals...

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