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O'MARA v. DOUGLAS COUNTY

LUBA No. 92-166; CA A79129.

854 P.2d 470 (1993)

121 Or. App. 113

Michael O'MARA, Naomi O'Mara, Donald Cooper, Vickie Cooper, Gerald Helbling, Christi Helbling, Elinor Jean Gadway, Avis S. White, and Lori Ann Bush, Petitioners, v. DOUGLAS COUNTY and Bracelin-Yeager Excavation & Trucking, Inc., Respondents.

Court of Appeals of Oregon.

Decided June 16, 1993.

Reconsideration Denied August 4, 1993.

Review Allowed September 28, 1993.

Attorney(s) appearing for the Case

Bill Kloos, Eugene, argued the cause for petitioners. With him on the brief were Allen L. Johnson and Johnson & Kloos, Eugene.

Paul E. Meyer, Asst. County Counsel, Roseburg, waived appearance for respondent Douglas County.

Mildred J. Carmack, Portland, argued the cause for respondent Bracelin-Yeager Excavation & Trucking, Inc. With her on the brief were Steven W. Abel and Schwabe, Williamson & Wyatt, Portland.

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

DEITS, Presiding Judge.

Petitioners appealed to LUBA from Douglas County's approval of a conditional use permit that would allow respondent Bracelin-Yeager Excavation & Trucking, Inc. (respondent) to conduct screening and crushing of aggregate and to operate an asphalt batch plant. Although LUBA remanded the county decision on other grounds, it rejected petitioners' argument that the issuance of the permit violates ORS 215.301. Petitioners seek review and assign...

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