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WAGNER v. MARION COUNTY

LUBA 85-067; CA A38811.

719 P.2d 31 (1986)

79 Or.App. 233

Roger C. WAGNER, Petitioner, and Marvin Hicks, Petitioner below, v. MARION COUNTY, Ronald Townsend, Don McCall and Edward Forbes, Respondents.

Court of Appeals of Oregon.

Decided May 14, 1986.

Reconsideration Denied August 15, 1986.

Attorney(s) appearing for the Case

Roger C. Wagner, Jefferson, filed brief pro se for petitioner.

Robert C. Cannon, Marion County Legal Counsel, and J. Haggerty-Foster, Asst. Legal Counsel, Salem, filed brief for respondent Marion County.

Ronald Townsend, Don McCall and Edward Forbes, waived appearance.

Before RICHARDSON, P.J., JOSEPH, C.J., and NEWMAN, J.

RICHARDSON, Presiding Judge.

The issue in this case is whether the action of Marion County which petitioner appealed to LUBA was a "land use decision." LUBA held that it was not and dismissed the appeal for lack of jurisdiction. ORS 197.825. We reverse and remand for reconsideration.

In 1976, the county approved two partitioning requests by A.L. Gregory. As part of the resolutions approving the partitions, the county restricted access to a public road, Emerald...

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