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NELSON v. BENTON COUNTY

LUBA 92-035; CA A75872.

839 P.2d 233 (1992)

115 Or. App. 453

James NELSON, Petitioner, v. BENTON COUNTY, Melvin B. Wood, Erma Jean Wood and Marys Peak Group Sierra Club, Respondents.

Court of Appeals of Oregon.

Decided October 14, 1992.

Attorney(s) appearing for the Case

George B. Heilig, Corvallis, argued the cause for petitioner. With him on the brief was Cable Huston Benedict Haagensen & Ferris, Corvallis.

Janet S. McCoy, Corvallis, argued the cause and filed the brief for respondent Benton County.

Jacquelyn M. Corday, Portland, argued the cause for respondents Melvin B. Wood, Erma Jean Wood and Marys Peak Group Sierra Club. With her on the brief were Thomas E. Lindley and Miller, Nash, Wiener, Hager & Carlsen, and David R. Barrow and Byrne & Barrow, Portland.

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

RICHARDSON, Presiding Judge.

Benton County denied petitioner's application to build a nonfarm dwelling on his 1.37-acre parcel in an exclusive farm use zone. LUBA affirmed the decision. Petitioner seeks review, and we affirm.

The county concluded that the proposed dwelling did not satisfy the criterion in its ordinance, paralleling that in ORS 215.283(3)(d), that nonfarm dwellings be located on land that is generally unsuitable for agricultural production...

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