DODD v. HOOD RIVER COUNTY

LUBA 91-116; CA A73984.

836 P.2d 1373 (1992)

115 Or. App. 139

Tom DODD and Doris Dodd, Cross-Petitioners, and Oregonians in Action, Petitioner, v. HOOD RIVER COUNTY, Respondent-Cross-Respondent, and Oregon Department of Fish and Wildlife, Oregon Department of Land Conservation and Development, Oregon Department of Forestry and 1000 Friends of Oregon, Respondents.

Court of Appeals of Oregon.

Decided September 9, 1992.

Reconsideration Denied November 12, 1992.


Attorney(s) appearing for the Case

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

Richard M. Stephens, Bellevue, Washington, argued the cause for cross-petitioners. With him on the brief was Pacific Legal Foundation, Bellevue, Washington.

Teunis Wyers, Hood River, filed the briefs for respondent-cross-respondent.

John T. Bagg, Asst. Atty. Gen., Salem, argued the cause for respondents Oregon Dept. of Fish and Wildlife, Oregon Dept. of Land Conservation and Development and Oregon Dept. of Forestry. With him on the briefs were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Peter Livingston, Portland, argued the cause and filed the briefs for respondent 1000 Friends of Oregon.

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


RICHARDSON, Presiding Judge.

Petitioner Oregonians In Action and cross-petitioners Dodd1 seek review of LUBA's decision affirming Hood River County's denial of cross-petitioners' application for a conditional use permit and related approvals to build a single family dwelling in a forestry zone. We affirm.

Petitioner and cross-petitioners assign error to LUBA's conclusion that the denial did not give rise to a taking under Article...

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