KELLOGG LAKE FRIENDS v. CLACKAMAS COUNTY

88-061; CA A50859.

773 P.2d 23 (1989)

96 Or.App. 536

KELLOGG LAKE FRIENDS, an Oregon Non-Profit Corporation, Petitioner, v. CLACKAMAS COUNTY, Respondent, and First Western Service Corporation, Intervenor-Respondent.

Court of Appeals of Oregon.

Decided May 10, 1989.

Reconsideration Denied June 23, 1989.

Review Denied August 1, 1989.


Attorney(s) appearing for the Case

Paul R. Duden and John D. Ostrander, Portland, argued the cause for petitioner. With them on the brief was Tooze Marshall Shenker Holloway & Duden, Portland.

Mark J. Greenfield, Portland, argued the cause for intervenor-respondent. With him on the brief was Mitchell, Lang & Smith, Portland.

No appearance for respondent.

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


DEITS, Judge.

Petitioner seeks a review of a Land Use Board of Appeals (LUBA) decision upholding a ruling by a Clackamas County hearings officer that the setback requirements of subsection 705.03E of the county's Zoning and Development Ordinances (ZDO) do not apply to Kellogg Lake and Kellogg Creek.1 We affirm.

Kellogg Lake is a long, narrow lake of approximately 15 acres which is linked to the Willamette River by Kellogg Creek...

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