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O'MARA v. DOUGLAS COUNTY

LUBA 92-166; CA A79129; SC S40438, SC40439.

862 P.2d 499 (1993)

318 Or. 72

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

Supreme Court of Oregon, In Banc.

Decided November 26, 1993.

Attorney(s) appearing for the Case

Paul E. Meyer, of Douglas County Counsel's Office, Roseburg, argued the cause and filed a petition for petitioner on review Douglas County.

Mildred J. Carmack, of Schwabe, Williamson & Wyatt, Portland, argued the cause and filed a petition for petitioner on review Bracelin-Yeager Excavation & Trucking, Inc.

Bill Kloos, of Johnson & Kloos, Eugene, argued the cause for respondents on review.

FADELEY, Justice.

In this case, we are asked to determine the meaning and scope of a statutory prohibition regulating the use of land. Petitioners represent the interest of a vineyard or vineyards located in an exclusive farm use (EFU) zone in Douglas County (County). Respondent Bracelin-Yeager Excavation & Trucking, Inc., operates an asphalt cement processing plant located in a heavy industrial zone in that county. ORS 215.301, originally adopted by the legislature...

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