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SMITH v. CLACKAMAS COUNTY

LUBA 89-156; CA A65307; SC S37571.

836 P.2d 716 (1992)

313 Or. 519

Mark R. SMITH, Petitioner on Review, v. CLACKAMAS COUNTY and Jim Bisenius, Respondents on Review.

Supreme Court of Oregon, In Banc.

Decided July 9, 1992.

Reconsideration Denied October 27, 1992.

Attorney(s) appearing for the Case

Lawrence R. Derr, Portland, argued the cause and filed the petition for petitioner on review.

Michael E. Judd, Chief Asst. County Counsel, Oregon City, argued the cause and filed the response for respondent on review Clackamas County.

Stephen J. Williams, Salem, argued the cause for respondent on review Jim Bisenius.

FADELEY, Justice.

Clackamas County denied petitioner's request for permission to establish a nonfarm dwelling on seven acres zoned Exclusive Farm Use (EFU). The seven acres is part of petitioner's 54-acre parcel so zoned but is separated from the remaining 47 acres by a county road. The 47 acres is planted in Christmas trees but the seven acres, a portion of which is wooded and steeply sloping, is not.

Clackamas County Zoning and Development Ordinance (ZDO...

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