DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT, Respondent,
v.
YAMHILL COUNTY, Petitioner, and Elmer Bernards; Ishmael Duckett; David Van Bergen; and J. Art Herbert, Petitioners. Judy Gerrard; Doug Parmeter; Melinda Lee-Van Bossuyt; Ruth Stoller; Les Miller; and Historic Preservation League of Oregon, Respondents,
v.
Yamhill County, Petitioner, and Elmer Bernards; Ishmael Duckett; David Van Bergen; and J. Art Herbert, Petitioners.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and Submitted October 18, 1989.
Decided November 22, 1989.
Attorney(s) appearing for the Case
John M. Gray, Jr., Yamhill County Counsel, McMinnville, argued the cause for petitioner Yamhill County. With him on the brief was Timothy S. Sadlo, Asst. County Counsel, McMinnville.
William J. Moshofsky, Portland, argued the cause and filed the brief for petitioners Elmer Bernards, Ishmael Duckett, David Van Bergen and J. Art Herbert.
John T. Bagg, Asst. Atty. Gen., Salem, argued the cause for respondent Dept. of Land Conservation and Development. With him on the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Gabriella I. Lang, Asst. Atty. Gen., Salem.
Thomas G.P. Guilbert, Portland, argued the cause and filed the brief for respondents Judy Gerrard, Doug Parmeter, Melinda Lee-Van Bossuyt, Ruth Stoller, Les Miller and Historic Preservation League of Oregon.
Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.
Court of Appeals of Oregon.
RICHARDSON, Presiding Judge.
Petitioners1 seek review of LUBA's decision in these consolidated proceedings, in which it held that Yamhill County ordinance 479 violates Goal 5 and the implementing rule, OAR 660-16-000 et seq. We affirm.
In 1988, county adopted ordinance 466, entitled The Historic Landmark Preservation Ordinance (HLPO). As explained in LUBA's opinion:
"Section...
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