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FLOWERS v. KLAMATH COUNTY

LUBA 88-124; CA A61174.

780 P.2d 227 (1989)

98 Or.App. 384

Robert FLOWERS and 1000 Friends of Oregon, Petitioners — Cross-Respondents, v. KLAMATH COUNTY, Respondent — Cross-Petitioner, and Bio-Waste Management Corporation, Respondent-Cross-Respondent.

Court of Appeals of Oregon.

Decided September 13, 1989.

Reconsideration Denied November 9, 1989.

Attorney(s) appearing for the Case

D. Michael Wells, Eugene, argued the cause for petitioners — cross-respondents With him on the briefs were Keith A. Bartholomew, Portland and Hutchinson, Anderson, Cox, Parrish & Coons, P.C., Eugene.

Michael L. Spencer, Klamath County Counsel, Klamath Falls, argued the cause and filed the brief for respondent — cross-petitioner.

No appearance for respondent — cross-respondent, Bio-Waste Management Corp.

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

RICHARDSON, Presiding Judge.

Petitioners seek review of and Klamath County cross-petitions from LUBA's order dismissing petitioners' appeal from county's site plan approval for respondent Bio-Waste Management Corporation's proposed medical waste incinerator.1 Petitioners contended before LUBA that county failed to conduct a hearing and to give notice as required by ORS 215.416. LUBA concluded, inter alia, that petitioners had exhausted...

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