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SCHROCK FARMS, INC. v. LINN COUNTY

90-061; CA A79572.

855 P.2d 648 (1993)

121 Or. App. 561

SCHROCK FARMS, INC., an Oregon corporation, Vernon Schrock and Dean Schrock, Respondents, v. LINN COUNTY, Respondent, and Oregon Department of Transportation, Petitioner.

Court of Appeals of Oregon.

Decided July 7, 1993.

Attorney(s) appearing for the Case

John T. Bagg, Asst. Atty. Gen., Salem, argued the cause for petitioner. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Edward F. Schultz, Albany, argued the cause and filed the brief for respondents Schrock Farms, Inc., Vernon Schrock and Dean Schrock.

No appearance for respondent Linn County.

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

PER CURIAM.

Petitioner Oregon Department of Transportation (ODOT) seeks review of LUBA's decision following our remand in Schrock Farms, Inc. v. Linn County, 117 Or.App. 390, 844 P.2d 253 (1992). LUBA reversed Linn County's approval of ODOT's application to realign a portion of a highway located in an exclusive farm use zone. LUBA held, inter alia, that the proposed realignment is...

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