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SMITH v. DOUGLAS COUNTY

88-016; CA A48949.

763 P.2d 169 (1988)

93 Or.App. 503

Thomas SMITH, Jr., Petitioner, v. DOUGLAS COUNTY, Respondent, and Charles S. Weddle, Dianne Weddle, George Essin, Linda Essin, Charles C. Amos, Ruth J. Amos and Winifred Maker, Intervenors-Respondents below.

Court of Appeals of Oregon.

Decided October 19, 1988.

Reconsideration Denied December 9, 1988.

Attorney(s) appearing for the Case

Allen L. Johnson, Eugene, argued the cause for petitioner. On the brief were Bill Kloos, and Johnson & Kloos, Eugene.

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

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

DEITS, Judge.

Petitioner seeks review of a LUBA decision remanding to the Douglas County Board of Commissioners (Board) their order denying petitioner a conditional use permit. Petitioner contends that LUBA should have reversed the decision and directed the Board to approve the permit. He also contends that LUBA erred in holding that, on remand, the Board could consider six other issues raised in the initial notice of review before the Board, but not decided in its...

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