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WOOSLEY v. MARION COUNTY

LUBA 92-053; CA A77698.

846 P.2d 1170 (1993)

118 Or. App. 206

Allen WOOSLEY and Kay Woosley, Petitioners, v. MARION COUNTY, Respondent.

Court of Appeals of Oregon.

Decided February 17, 1993.

Attorney(s) appearing for the Case

Robert S. Simon, Lake Oswego, argued the cause and filed the brief, for petitioners.

Jane Ellen Stonecipher, Asst. Legal Counsel, Salem, argued the cause, for respondent. With her on the brief was Robert C. Cannon, Marion County Legal Counsel, Salem.

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

DEITS, Presiding Judge.

Petitioners seek review of LUBA's affirmance of a decision by Marion County that, as construed by LUBA, denied their application for a major partition of and a replacement dwelling on their property in an exclusive farm use zone. We affirm.

We take the facts from LUBA's opinion:

"The subject property consists of 19.32 acres of SCS Agricultural Class II and III soils, and is zoned Exclusive Farm Use (EFU). In 1989, petitioners...

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