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MURPHY CIT. ADV. COM. v. JOSEPHINE COUNTY

LUBA 93-234; CA A80513; SC S40802.

878 P.2d 414 (1994)

319 Or. 477

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

Supreme Court of Oregon, In Banc.

Reassigned July 14, 1994.

Resubmitted August 4, 1994.

Decided August 11, 1994.

Reconsideration Denied October 4, 1994.

Attorney(s) appearing for the Case

James R. Dole, Schultz, Salisbury, Cauble, Versteeg & Dole, Grants Pass, argued the cause and filed the petition, for petitioner on review.

Matthew G. Fawcett, Medford, argued the cause and filed the responses, for respondent on review.

GILLETTE, Justice.

In this land use case, the issue is whether a stipulation that was entered into as part of a mandamus action in circuit court under ORS 215.428(7) (set out infra) is a "land use decision" that is appealable to the Land Use Board of Appeals (LUBA). The Court of Appeals held that the stipulation was appealable to LUBA, as a "de facto land use decision." Murphy Citizens Advisory Com. v. Josephine County, 123 Or...

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