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KENAGY v. BENTON COUNTY

LUBA 91-097; CA A75580.

838 P.2d 1076 (1992)

115 Or. App. 131

Clif KENAGY and Lois Kenagy, Petitioners, v. BENTON COUNTY, Dennis Ranta and Judy Ranta, Respondents.

Court of Appeals of Oregon.

Decided September 9, 1992.

Reconsideration Denied November 12, 1992.

Review Denied December 22, 1992.

Attorney(s) appearing for the Case

Peter Livingston, Portland, argued the cause and filed the brief for petitioners.

Janet S. McCoy, Asst. Benton County Counsel, Corvallis, argued the cause for respondent Benton County. With her on the brief was Candace A. Haines, Benton County Counsel, Corvallis.

No appearance for respondents Dennis Ranta and Judy Ranta.

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

RICHARDSON, Presiding Judge.

Benton County approved respondent Ranta's1 application to construct a dwelling for his son and daughter-in-law on property in an EFU zone. Petitioners appealed to LUBA, which affirmed the county's decision and held that Ranta was a "farm operator" for purposes of ORS 215.283(1)(e) and the analogous provision of the county's development code (ordinance). Petitioners then sought our review. In Kenagy v. Benton...

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