PANNER v. DESCHUTES CTY.

85-004; CA A36841.

708 P.2d 612 (1985)

76 Or.App. 59

Owen PANNER, Joan Hale, Susan Lang, Eugene Wegner, Salley Wegner, Fred Buchanan, John Skillern, J. Glen Cougill, Douglas Muck, Frank Gilchrist, Stephen Rogers, William D. Thomason and Ann R. Thomason, Respondents, v. DESCHUTES COUNTY, Respondent (below), Rose & Associates, Petitioner.

Court of Appeals of Oregon, En Banc.

Decided October 30, 1985.


Attorney(s) appearing for the Case

Robert S. Lovlien, Bend, argued the cause for petitioner. On brief were Neil R. Bryant, and Gray, Fancher, Holmes & Hurley, Bend.

Ed Sullivan, Portland, argued the cause for respondents. On brief were Corinne C. Sherton, Steven L. Pfeiffer, and Sullivan, Josselson, Roberts, Johnson & Kloos, Portland.

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


RICHARDSON, Presiding Judge.

Petitioner seeks review of LUBA's remand of Deschutes County's decision to rezone petitioner's 20-acre aggregate resource site from surface mining reserve to an active surface mining designation. LUBA concluded that the rezoning decision did not comply with Goals 3 or 5 and that the county did not make sufficient findings under applicable provisions of its comprehensive plan and zoning ordinance. Petitioner argues in its first two assignments...

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