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WRIGHT v. KECH-TV

CC 133,264; CA A28750; SC S31616.

707 P.2d 1232 (1985)

Arloene Elizabeth WRIGHT, Ina McCoy, and A. Clark Mohr, Petitioners On Review. v. KECH-TV, a Federally Licensed Television Station, Greater Willamette Vision, Ltd., an Oregon Limited Partnership, Roger Loe, Willamette Subscription Television, Ltd., an Oregon Limited Partnership, ABCD.... Vision, Inc., a California Corporation, Respondents On Review.

Supreme Court of Oregon, In Banc.

Argued and Submitted September 3, 1985.

Reconsideration Denied November 26, 1985.

Attorney(s) appearing for the Case

Jossi Davidson, Silverton, argued the cause and filed the petition for petitioners on review.

Michael Duane Brown, Salem, argued the cause for respondents on review. With him on the response to the petition for review was Churchill, Leonard, Brown & Donaldson, Salem.

Lawrence R. Derr, of Weiss, DesCamp, Botteri & Huber, Portland, filed an amicus curiae brief on behalf of Tower Action Committee.

Robert C. Cannon, Marion County Legal Counsel, Salem, filed an amicus curiae brief on behalf of Marion County.

JONES, Justice.

Plaintiffs seek review of the Court of Appeals decision affirming the dismissal of their complaint by the Marion County Circuit Court. Plaintiffs brought this action to compel removal of defendant KECH-TV's transmission tower and related facilities from land designated for exclusive farm use in the Marion County Comprehensive Plan and implementing zoning ordinances. We affirm the Court of Appeals.

In June and July, 1981, Marion County issued...

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