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DYKE v. CLATSOP COUNTY

LUBA 88-110; CA A60292.

775 P.2d 331 (1989)

97 Or.App. 70

William R. DYKE, Sr., Petitioner, v. CLATSOP COUNTY and Clatsop Resources, Inc., Respondents.

Court of Appeals of Oregon.

Decided June 14, 1989.

Attorney(s) appearing for the Case

F. Blair Batson, Portland, argued the cause for petitioner. With her on the brief was Vincent P. Salvi, Portland.

Kenneth S. Eiler, Clatsop County Counsel, Astoria, waived appearance for respondent Clatsop County.

Edward J. Sullivan, Portland, argued the cause for respondent Clatsop Resources, Inc. With him on the brief was Mitchell, Lang & Smith, Portland.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.

RICHARDSON, Presiding Justice.

Petitioner seeks review of LUBA's affirmance of Clatsop County's approval of an application by respondent Clatsop Resources, Inc., to operate a solid waste disposal site in a commercial forestry zone. Under the applicable county ordinance provisions, that use is conditional in the zone and its allowance requires an exception to Goal 4 as well as a conditional use permit. On November 9, 1988...

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