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HAMMACK & ASSOC., INC. v. WASHINGTON CTY.

LUBA 87-037; CA A45960.

747 P.2d 373 (1987)

89 Or.App. 40

HAMMACK & ASSOCIATES, Inc.; Burns Bros., Inc.; and Community First Federal Savings, Respondents-Cross-Petitioners, Ralph Elligsen and Elvin H. Foster, Respondents, v. WASHINGTON COUNTY, Cross-Respondent, World Entertainment Services Oregon, Inc., Petitioner-Cross-Respondent.

Court of Appeals of Oregon.

Decided December 23, 1987.

Attorney(s) appearing for the Case

Joseph S. Voboril, Portland, argued the cause for petitioner-cross-respondent. With him on the briefs were Jeffrey H. Keeney and Tonkon, Torp, Galen, Marmaduke & Booth, Portland.

Mark J. Greenfield, Portland, argued the cause for respondents-cross-petitioners. With him on the brief was Mitchell, Lang & Smith, Portland.

No appearance for respondents Ralph Elligsen and Elvin H. Foster.

No appearance for cross-respondent Washington County.

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

RICHARDSON, Presiding Judge.

Petitioner and cross-petitioners seek review of LUBA's order remanding to the county an amendment to its Rural/Natural Resources Plan. The amendment would permit petitioner and a joint venturer to construct an amphitheater and undertake other measures to develop an outdoor performing arts center on a 45-acre parcel of rural land. The county took exceptions to Goals 3, 4 and 11. However, it concluded that the proposed use is rural, rather...

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