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VON LUBKEN v. HOOD RIVER COUNTY

LUBA 92-126; CA A77772.

846 P.2d 1178 (1993)

118 Or. App. 246

Fritz VON LUBKEN, Joan Von Lubken and Von Lubken Orchards, Inc., Petitioners, v. HOOD RIVER COUNTY and Brookside, Inc., Respondents.

Court of Appeals of Oregon.

Decided February 17, 1993.

Attorney(s) appearing for the Case

Max M. Miller, Jr., Portland, argued the cause for petitioners. With him on the brief were Tonkon, Torp, Galen, Marmaduke & Booth, Portland.

Teunis Wyers, County Counsel, Hood River, argued the cause and filed the brief for respondent Hood River County.

B. Gill Sharp, Hood River, argued the cause for respondent Brookside, Inc. With him on the brief were Jaques & Sharp, Hood River.

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

DEITS, Presiding Judge.

In Von Lubken v. Hood River County, 104 Or.App. 683, 803 P.2d 750 (1990), on recon. 106 Or.App. 226, 806 P.2d 727, rev. den. 311 Or. 349, 811 P.2d 144 (1991), we reversed LUBA's affirmance of the county's allowance of a conditional use permit to respondent Brookside to develop a...

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