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J AND D FERTILIZERS v. CLACKAMAS COUNTY

No. LUBA 90-073; CA A66844.

803 P.2d 280 (1990)

105 Or. App. 11

J AND D FERTILIZERS, LTD., an Oregon corporation, dba D. Stutzman Farms, Petitioner, v. CLACKAMAS COUNTY, Respondent.

Court of Appeals of Oregon.

Decided December 26, 1990.

Reconsideration Denied February 13, 1991.

Attorney(s) appearing for the Case

Steven Schwindt, Canby, argued the cause for petitioner. With him on the brief was Reif & Reif, Canby.

Michael E. Judd, Chief Asst. County Counsel, Oregon City, argued the cause for respondent. With him on the brief was Clackamas County Counsel, Oregon City.

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

RICHARDSON, Presiding Judge.

Petitioner operates a fertilizer business on two lots in an exclusive farm use zone in Clackamas County. On an adjacent lot, it has been storing chicken manure that it uses in its business and that it obtains only from chicken growers. Petitioner sought a determination from the county that the storage of manure is a use permitted outright on the lot or, alternatively, that it is a nonconforming use or that petitioner has a vested right...

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