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BILLINGTON v. POLK COUNTY

83-072; CA A31169 and SC S30929.

703 P.2d 232 (1985)

299 Or. 471

Arvis BILLINGTON and Mary Billington, Petitioners On Review, v. POLK COUNTY, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided July 24, 1985.

Reconsideration Allowed September 17, 1985.

Attorney(s) appearing for the Case

Richard C. Stein, Salem, argued the cause for petitioners on review. With him on the petition for review was Ramsay, Stein, Reibleman & Myers, Salem.

Michael F. Najewicz, Dallas, Polk County Legal Counsel, filed brief and argued the cause for respondent on review.

CAMPBELL, Justice.

The issue in this case is whether the Land Use Board of Appeals (LUBA) has jurisdiction to review a county decision to vacate a portion of a county road.

In June 1983, the Polk County Board of Commissioners (Board) pursuant to ORS 368.326, et seq. (Vacation of County Property) vacated the westerly 20 feet of a 40 foot wide dead-end roadway known as Clearview Orchards Road. As a part of that decision, the Board found that the road...

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