KOLA TEPEE, INC. v. MARION COUNTY

89-021; CA A61402.

782 P.2d 955 (1989)

99 Or.App. 481

KOLA TEPEE, INC., an Oregon Corporation, A.J. Updegrave, and Benjamin Fortner, Petitioners, v. MARION COUNTY, Respondent.

Court of Appeals of Oregon.

Decided November 22, 1989.

Reconsideration Denied January 5, 1990.


Attorney(s) appearing for the Case

M. Chapin Milbank, Salem, argued the cause and filed the brief for petitioners.

Jane Ellen Stonecipher, Asst. Legal Counsel, Salem, argued the cause for respondent. With her on the brief were Robert C. Cannon, Marion County Legal Counsel, and Daryl S. Garrettson, Asst. Legal Counsel, Salem.

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


DEITS, Judge.

Petitioners seek review of LUBA's affirmance of Marion County's denial of their request for conditional use approval for a church facility on 331 acres of property designated Primary Agriculture in the Marion County Comprehensive Plan and zoned Exclusive Farm Use (EFU). County denied the application, and LUBA affirmed county's action. We affirm.

Petitioners argue that LUBA erred in concluding that County...

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