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BAKER v. MARION COUNTY

92-174; CA A78828.

852 P.2d 254 (1993)

120 Or. App. 50

Dale BAKER, Petitioner, v. MARION COUNTY, a political subdivision of the State of Oregon, Judy Ficek, Tom Bedell, Robert Payne and the Butteville Homeowners Association, an unincorporated association, Respondents.

Court of Appeals of Oregon.

Decided May 12, 1993.

Reconsideration Denied July 28, 1993.

Review Denied August 24, 1993.

Attorney(s) appearing for the Case

Donald M. Kelley, Silverton, argued the cause, for petitioner. With him on the brief was Kelley & Kelley, Silverton.

Jane Ellen Stonecipher, Salem, argued the cause, for respondent Marion County. Wallace W. Lien, Salem, argued the cause for respondents Judy Ficek, Tom Bedell, Robert Payne and Butteville Homeowners Ass'n. With them on the brief was Robert C. Cannon, Salem.

Before WARREN, P.J., and EDMONDS and LANDAU, JJ.

WARREN, Presiding Judge.

Petitioner seeks review of LUBA's affirmance of Marion County's denial of his application for an urban growth boundary (UGB) amendment, which he sought to allow enhanced developmental density on his residential subdivision and to enable him to provide access to an adjacent subdivision. We affirm.

The facts are as stated in LUBA's opinion:

"The subject property is 10.25 acres in size...

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