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WALLACE v. BD. OF CTY. COM'RS

88-382-CV; CA A62763.

804 P.2d 1220 (1991)

105 Or. App. 364

Frank H. WALLACE and Peggy L. Wallace, Husband and Wife, Respondents-Cross-Respondents, v. The BOARD OF COUNTY COMMISSIONERS OF KLAMATH COUNTY, State of Oregon, Appellant-Cross-Respondent, Larry Lund and Barbara Lund, Husband and Wife, Intervenors-Respondents-Cross-Appellants.

Court of Appeals of Oregon.

Decided January 23, 1991.

Attorney(s) appearing for the Case

Michael L. Spencer, Klamath Falls, argued the cause and filed the brief, for appellant-cross-respondent.

Diane Spies, Lake Oswego, argued the cause and filed the brief, for respondents-cross-respondents.

Donald R. Crane, Klamath Falls, argued the cause and filed the brief, for intervenors-respondents-cross-appellants. With him on the brief, was Crane & Foltyn, Klamath Falls.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

EDMONDS, Judge.

The Board of County Commissioners of Klamath County (county) appeals and intervenors cross-appeal a peremptory writ of mandamus requiring county to issue a conditional use permit. We reverse.

Petitioners Wallace own a 40-acre tract of land in Klamath County. On July 1, 1988, they applied for a conditional use permit for an aggregate mining quarry on the parcel. On July 25, 1988, the county planning staff issued a report that said, "[p]etitioners...

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