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SIMON v. MARION COUNTY COM'RS

86-C-10778; CA A43108.

755 P.2d 741 (1988)

91 Or.App. 487

Lynn SIMON and Elsie Simon, Husband and Wife, Appellants, v. BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, Respondent.

Court of Appeals of Oregon.

Decided June 15, 1988.

Attorney(s) appearing for the Case

Robert L. Engle, Woodburn, argued the cause for appellants. With him on the brief were Eichsteadt, Bolland, Engle & Schmidtman, Woodburn.

Daryl S. Garrettson, Asst. Legal Counsel, Salem, argued the cause for respondent. On the brief were Robert C. Cannon, Marion County Legal Counsel, and J. Haggerty-Foster, Asst. Legal Counsel, Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

Plaintiffs appeal the denial of an alternative writ of mandamus to compel defendant to approve an application for a minor partition of plaintiffs' land. ORS 215.428(7). Defendant denied the application in the fall of 1984, more than 120 days after the application was deemed complete. ORS 215.428(1). Plaintiffs did not seek mandamus before the denial was issued, nor did they appeal the decision to the Land Use Board of Appeals (LUBA). Instead, they...

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