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McCAW COMMUNICATIONS v. MARION COUNTY

LUBA 88-068; CA A50771.

773 P.2d 779 (1989)

96 Or.App. 552

McCaw COMMUNICATIONS, Inc., and Cellular One, Respondents, v. MARION COUNTY and Barbara Hanneman, Petitioners.

Court of Appeals of Oregon.

Decided May 17, 1989.

Reconsideration Denied July 14, 1989.

Attorney(s) appearing for the Case

Robert C. Cannon, Marion County Legal Counsel, Salem, argued the cause and filed the brief for petitioner, Marion County.

Wallace W. Lien, Salem, argued the cause and filed the brief for petitioner, Barbara Hanneman.

Timothy V. Ramis, Portland, argued the cause for respondents. With him on the brief were Kenneth M. Elliott and O'Donnell, Ramis, Elliott & Crew, Portland.

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

RICHARDSON, Presiding Judge.

Petitioners seek review of LUBA's reversal of Marion County's denial of respondents' application to place a 140-foot cellular telephone transmission tower and a related structure on a 21-acre parcel in an agricultural zone. The principal issue is whether the tower is allowable under section 137.020(d) of the county zoning code, which includes among the permitted uses in the zone:

"Utility facilities necessary for public service...

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