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CRAVEN v. JACKSON COUNTY

LUBA 88-023; CA A49322.

764 P.2d 931 (1988)

94 Or.App. 49

William J. CRAVEN, Petitioner, v. JACKSON COUNTY, Respondent, U. Andrew Samad, Respondent.

Court of Appeals of Oregon.

Decided November 23, 1988.

Reconsideration Denied January 13, 1989.

Attorney(s) appearing for the Case

Sandra Smith Gangle, Salem, argued the cause and filed the brief for petitioner.

E.R. Bashaw, County Counsel, Medford, argued the cause for respondent Jackson County. With him on the brief was Wendie L. Kellington, Asst. County Counsel, Medford.

Karen C. Allan, Medford, argued the cause for respondent U. Andrew Samad. With her on the brief was Foster, Purdy, Allan & Peterson, Medford.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., Michael D. Reynolds, Asst. Sol. Gen., and Gabriella I. Lang, Asst. Atty. Gen., filed a brief for intervenor Department of Land Conservation and Development.

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

RICHARDSON, Presiding Judge.

Petitioner seeks review of LUBA's decision affirming Jackson County's approval of a conditional use permit for the operation of a winery on respondent Samad's (respondent) property in an exclusive farm use zone. The approval was granted pursuant to ORS 215.283(2)(a) and related county legislation. The state statute authorizes local governing bodies to permit, as a nonfarm use in EFU zones, "[c]ommercial activities that are in conjunction...

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