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MURPHY CITIZENS ADVISORY v. JOSEPHINE COUNTY

93-234; CA A80513.

860 P.2d 857 (1993)

123 Or. App. 539

MURPHY CITIZENS ADVISORY COMMITTEE, Petitioner, v. JOSEPHINE COUNTY and Copeland Sand & Gravel, Inc., Respondents.

Court of Appeals of Oregon.

Decided October 6, 1993.

Attorney(s) appearing for the Case

Matthew G. Fawcett, Medford, argued the cause and filed the brief for petitioner.

James R. Dole, Grants Pass, argued the cause and filed the brief for respondent Copeland Sand & Gravel, Inc.

No appearance by respondent Josephine County.

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

EDMONDS, Judge.

Petitioner seeks review of the dismissal of its appeal to LUBA on the basis of lack of jurisdiction. LUBA held that there was not an appealable land use decision before it. We reverse.

In January, 1992, Copeland Sand & Gravel, Inc. (Copeland) filed its application for a land use permit to conduct industrial operations on property in Josephine County. The Board of County Commissioners held a final hearing in September, 1992, on the application...

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