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DOUGHTON v. DOUGLAS COUNTY

LUBA 86-015; CA A41209.

728 P.2d 887 (1986)

82 Or.App. 444

Kerwin DOUGHTON, Petitioner, v. DOUGLAS COUNTY, James Clendenin and Thomas Orlando, Respondents.

Court of Appeals of Oregon.

Decided November 19, 1986.

Reconsideration Denied January 16, 1987.

Attorney(s) appearing for the Case

Robert L. Liberty, Portland, argued the cause and filed the brief for petitioner.

Paul G. Nolte, Douglas County Counsel, Roseburg, argued the cause and filed the brief for respondent Douglas County.

No appearance for respondents James Clendenin and Thomas Orlando.

Dave Frohnmayer, Atty. Gen., William F. Gary, Deputy Atty. Gen., Virginia L. Linder, Sol. Gen., and David G. Ellis, Asst. Atty. Gen., Salem, filed a brief for agencyintervenor Dept. of Land Conservation and Development.

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

RICHARDSON, Presiding Judge.

Petitioner seeks review of LUBA's dismissal of his appeal from Douglas County's issuance of a building permit to respondent Orlando for a single family dwelling on a parcel in an exclusive farm use (EFU) zone.1 LUBA concluded that the county's action comes within ORS 197.015(10)(b), which provides that a "ministerial decision * * * made under clear and objective standards contained in an acknowledged comprehensive...

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