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WARNER v. CLACKAMAS COUNTY

LUBA 91-094; CA A72335.

824 P.2d 423 (1992)

111 Or.App. 11

Dan WARNER and Shirley Warner, Respondents, v. CLACKAMAS COUNTY, Petitioner, and Viola-Fisher's Mill Community Planning Organization, Intervenor below.

Court of Appeals of Oregon.

Decided January 22, 1992.

Attorney(s) appearing for the Case

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

David B. Smith, Tigard, argued the cause and filed the brief for respondents.

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

RICHARDSON, Presiding Judge.

Clackamas County seeks review of LUBA's remand of the county's determination that respondents Warner did not prove a nonconforming use in an airstrip on their property. Respondents also applied for an expansion of the use, and the county's denial of the expansion was also remanded by LUBA. We affirm.

The county hearings officer relied on Clackamas Co. v. Port. City Temple, 13 Or.App. 459, 511 P.2d 412

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