DODD v. HOOD RIVER COUNTY

LUBA 91-116; CA A73984; SC S39683, SC S39684.

855 P.2d 608 (1993)

317 Or. 172

Thomas DODD, Doris Dodd, and Oregonians In Action, Petitioners on Review, v. HOOD RIVER COUNTY; Oregon Department of Fish and Wildlife; Oregon Department of Land Conservation and Development; Oregon Department of Forestry; and 1000 Friends of Oregon, Respondents on Review.

Supreme Court of Oregon, In Banc.

Decided July 22, 1993.

Reconsideration Denied September 21, 1993.


Attorney(s) appearing for the Case

Richard M. Stephens, of Pacific Legal Foundation, Bellevue, WA, argued the cause and filed the petition for petitioners on review Thomas and Doris Dodd.

David B. Smith, Tigard, argued the cause for petitioner on review Oregonians in Action. With him on the petition was Dorothy S. Cofield, Tigard.

Teunis Wyers, Hood River, argued the cause for respondent on review Hood River County.

Robert Liberty, Portland, argued the cause for respondent on review 1000 Friends of Oregon. Peter Livingston, Portland, filed the response for 1000 Friends of Oregon.

John T. Bagg, Asst. Atty. Gen., Salem, argued the cause for respondents on review Oregon Dept. of Fish and Wildlife, Oregon Dept. of Land Conservation and Development, and Oregon Dept. of Forestry. With him on the response were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Daniel J. Popeo and Paul D. Kamenar, of the Washington Legal Foundation, Washington, D.C., and Gregory S. Hathaway, of Garvey, Schubert, & Barer, Portland, filed a brief amicus curiae for the Washington Legal Foundation.

Lawrence Watters, Counsel, Columbia River Gorge Com'n, White Salmon, WA, and Teunis Wyers, Hood River, filed a brief amicus curiae for the Columbia River Gorge Com'n.


VAN HOOMISSEN, Justice.

Hood River County (the county) denied Thomas and Doris Dodd's (petitioners) application for a conditional use permit to build a single family dwelling in a forestry zone.1 The Land Use Board of Appeals (LUBA) affirmed. Dodd v. Hood River County, 22 Or LUBA 711 (1992). The Court of Appeals also affirmed. Dodd v. Hood River County, 115 Or.App...

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