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PORTLAND AUDUBON SOCIETY v. CLACKAMAS CO.

LUBA No. 85-032; CA A37151.

712 P.2d 839 (1986)

77 Or.App. 277

PORTLAND AUDUBON SOCIETY, Dennis Tylka and 1000 Friends of Oregon, an Oregon Non-Profit Corporation, Petitioners, v. CLACKAMAS County, H. Richard Seller, R.G. Peters and Charles Marshall, Respondents.

Court of Appeals of Oregon.

Argued and Submitted October 21, 1985.

Attorney(s) appearing for the Case

Mark J. Greenfield, Portland, argued the cause for petitioners.

Edward I. Engel, Portland, argued the cause for respondents Seller, Peters and Marshall. With him on brief were Robert A. Russell and Goldsmith, Siegel, Engel & Littlefield, Portland. No appearance for respondent Clackamas County.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

Petitioners seek review of a LUBA decision which dismissed their petition for review of a Clackamas County land use decision. LUBA decided that petitioners were required to request a rehearing of the county decision before LUBA had jurisdiction. We reverse and remand.

ORS 197.825(2)(a) provides that LUBA's jurisdiction:

"[i]s limited to those cases in which the petitioner has exhausted all remedies available by right before petitioning...

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