BOLDT v. CLACKAMAS COUNTY

LUBA 90-147; CA A69081.

813 P.2d 1078 (1991)

107 Or.App. 619

George BOLDT, Janet Boldt, Richard Sale, Lita Sale and Gary Meyer, Respondents-Cross-Petitioners, v. CLACKAMAS COUNTY, Respondent-Cross-Respondent, and John Latta, Petitioner-Cross-Respondent.

Court of Appeals of Oregon.

Decided June 19, 1991.


Attorney(s) appearing for the Case

William A. Monahan, Portland, argued the cause for petitioner-cross-respondent John Latta. With him on the briefs were Timothy V. Ramis and O'Donnell, Ramis, Crew & Corrigan, Portland.

Ian K. Whitlock, Portland, argued the cause for respondents-cross-petitioners George Boldt, Janet Boldt, Richard Sale, Lita Sale and Gary Meyer. With him on the brief were John Wiley Gould and Lane Powell Spears Lubersky, Portland.

No appearance for respondent-cross-respondent Clackamas County.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.


BUTTLER, Presiding Judge.

Petitioner seeks review of, and respondents1 cross-petition from, LUBA's remand of Clackamas County's decision to allow petitioner's application for a permit to construct a floating dock and boathouse. Under subsections 705.03(B)(1) and (2) of the county zoning ordinance, the allowance of the permit required a showing by petitioner that the permitted use was necessitated by "an extraordinary, unnecessary and unreasonable...

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