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MISSION BOTTOM ASS'N, INC. v. MARION COUNTY

LUBA No. 94-196; CA A89070.

901 P.2d 898 (1995)

136 Or. App. 275

MISSION BOTTOM ASSOCIATION, INC., Ron Sacchi, Tamra Sacchi, Spring Lake Farms, Marie Zielinski, Adele Egan, Egan Gardens, Lois Egan, Ellen Egan, Mission Cherry Farm, Paul Witteman, Frances Witteman, Chapin Farms, Jack Chapin, Mary Chapin, Ron M. Chapin, Bruce R. Chapin, Velan E. Chapin and Marion County Farm Bureau, Petitioners, and David L. Massee, Intervenor-Petitioner Below, v. MARION COUNTY and Morse Bros., Inc., Respondents.

Court of Appeals of Oregon.

Decided September 6, 1995.

Attorney(s) appearing for the Case

Edward J. Sullivan, Portland, argued the cause for petitioners. On the brief were Daniel Kearns and Preston Gates & Ellis.

Jane Ellen Stonecipher, Salem, argued the cause and filed the brief for respondent Marion County. Paul R. Hribernick, Portland, argued the cause for respondent Morse Bros., Inc. With him on the brief was Black Helterline, Portland.

Joseph H. Hobson, Jr., Keizer, filed the brief amicus curiae for Oregon Farm Bureau Federation.

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

DEITS, Presiding Judge.

In 1994, the Marion County governing body granted respondent Morse Bros., Inc.'s (respondent) application to amend the county comprehensive plan and to apply a mineral and aggregate overlay zone to a 490-acre site in an exclusive farm use zone. The area includes 115 acres that, under a 1979 conditional use permit, respondent uses for batch plant operations within two miles of a planted vineyard, and for surface mining, extraction and processing...

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