DEPT. OF LAND CONSERVATION v. COOS CTY.

LUBA 91-193; CA A74190.

833 P.2d 1318 (1992)

113 Or. App. 621

DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT, Respondent, v. COOS COUNTY, Respondent, and Lone Rock Timber Company, Petitioner.

Court of Appeals of Oregon.

Decided July 1, 1992.

Reconsideration Allowed and Opinion Withdrawn September 9, 1992.


Attorney(s) appearing for the Case

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

John T. Bagg, Asst. Atty. Gen., Salem, argued the cause for respondent Dept. of Land Conservation and Development. With him on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

No appearance for respondent Coos County.

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


RICHARDSON, Presiding Judge.

On December 20, 1990, petitioner applied to Coos County for a conditional use permit and a land division to build a nonforest dwelling on a five-acre part of its 110-acre parcel in a forest zone. The county planning director denied the application, as did the planning commission. Petitioner appealed to the county governing body, which reversed the commission's decision and approved the application. Respondent Department of Land Conservation...

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