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FENCE v. JACKSON COUNTY

94-137; CA A88196.

900 P.2d 524 (1995)

135 Or. App. 574

George W. FENCE, Respondent— Cross-Petitioner, v. JACKSON COUNTY, Petitioner— Cross-Respondent.

Court of Appeals of Oregon.

Decided July 26, 1995.

Attorney(s) appearing for the Case

Georgia L. Daniels, Medford, argued the cause for petitioner—cross-respondent. With her on the briefs was Jackson County Counsel.

Tonia L. Moro, Medford, argued the cause and filed the brief for respondent—cross-petitioner.

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

DEITS, Presiding Judge.

Respondent Fence appealed to LUBA from Jackson County's amendment of its land development ordinance that added provisions regulating outdoor "mass gatherings." He contended that some or all of the county's regulations are preempted by ORS 433.735 to ORS 433.770, that the regulations are inconsistent with the Federal Religious Freedom Restoration Act of 1993 (42 USC § 2000bb, et seq), and that they violate religious and communicative...

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