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MURPHY CITIZENS v. JOSEPHINE COUNTY

LUBA No. 95-031; CA A90324.

909 P.2d 180 (1995)

138 Or. App. 334

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

Court of Appeals of Oregon.

Decided December 27, 1995.

Attorney(s) appearing for the Case

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

James R. Dole, Grants Pass, argued the cause for respondent Copeland Sand & Gravel, Inc. With him on the brief was Schultz, Salisbury, Cauble, Versteeg & Dole.

No appearance for respondent Josephine County.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

DEITS, Presiding Judge.

Petitioner seeks review of LUBA's dismissal for lack of jurisdiction of petitioner's appeal from Josephine County's issuance of a permit to respondent Copeland Sand & Gravel (respondent) for an aggregate and asphalt processing operation. We affirm.

Respondent applied for the permit in late 1991. The county failed to act on the application within 120 days, and respondent brought a mandamus proceeding pursuant to ORS 215.428(7). After...

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