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FOLAND v. JACKSON COUNTY

LUBA No. 89-105; 89-111; CA A63989; SC S37270.

807 P.2d 801 (1991)

311 Or. 167

Paul FOLAND and Connie Foland, Respondents on Review, v. JACKSON COUNTY, Respondent on Review, and Provost Development Company, Respondent on Review, Cynthia LORD, Chris Skrepetos, Ogden Shutes, Rodna Shutes, and 1000 Friends of Oregon, Petitioners on Review, v. JACKSON COUNTY, Respondent on Review, and Provost Development Company, Respondent on Review.

Supreme Court of Oregon.

Decided March 7, 1991.

Attorney(s) appearing for the Case

Keith A. Bartholomew, Portland, argued the cause and filed the petition, for petitioners on review.

Arminda Brown, Medford, County Counsel, argued the cause, for respondent on review Jackson County. With her on the response, were Gregory S. Hathaway, Virginia L. Gustafson, and Garvey, Schubert & Barer, Portland.

Gregory S. Hathaway, Portland, argued the cause, for respondent on review Provost Development Co. With him on the response, were Virginia L. Gustafson, Richard Baroway, and Garvey, Schubert & Barer, Portland.

Frank R. Alley, III, waived oral argument, for respondents Paul Foland and Connie Foland.

Before PETERSON, C.J., and CARSON, GILLETTE, VAN HOOMISSEN, FADELEY and UNIS, JJ.

VAN HOOMISSEN, Justice.

This land use case concerns the siting of a proposed destination resort in Jackson County. We must decide whether what petitioners on review label as a "Comprehensive Plan and Zoning Map Amendment" to Jackson County's comprehensive plan is reviewable for compliance with ORS 197.435 et seq. and state-wide planning Goal 8, and whether the county is bound by its original map of "Areas Excluded...

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