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VALLEY & SILETZ RAILROAD v. LAUDAHL

No. 81-022; CA A21462; SC 28675.

681 P.2d 109 (1984)

296 Or. 779

VALLEY & SILETZ RAILROAD, Charles Phillips, and Joanne Phillips, Respondents On Review, v. Mark J. LAUDAHL and Mildred A. Laudahl, Respondents, Land Use Board of Appeals, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided April 17, 1984.

Attorney(s) appearing for the Case

William F. Gary, Sol. Gen., Salem, argued the cause for petitioner on review. With him on the brief were Dave Frohnmayer, Atty. Gen., Stanton F. Long, Deputy Atty. Gen., and James E. Mountain, Jr., Deputy Sol. Gen., Salem.

Scott McArthur, Monmouth, argued the cause and filed a brief in the Supreme Court for respondents on review. With him on the briefs in the Court of Appeals was McArthur & Jennings, P.C., Monmouth.

Kenneth E. Shetterly, Dallas, filed a brief in the Court of Appeals for respondents. With him on the brief was Hayter, Shetterly & Irick, Dallas.

Peter L. Barnhisel, Corvallis, filed a brief amicus curiae in behalf of Stanley Starr. With him on the brief was Fenner, Barnhisel, Morris & Willis, Corvallis.

Richard P. Benner, Portland, filed a brief amicus curiae in behalf of Clif Kenagy and Friends of Benton County, Inc.

CARSON, Justice.

The Land Use Board of Appeals (LUBA) petitions for review of Valley & Siletz Railroad v. Laudahl, 56 Or.App. 487, 642 P.2d 337 (1982), which reversed LUBA's decision reported at 3 Or. LUBA 101 (1981). LUBA did not appear before the Court of Appeals, and none of the parties who appeared before that court petitioned for review...

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