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DEPT. OF LAND CONSER. v. LINCOLN COUNTY

LUBA No. 95-166; CA A93565.

925 P.2d 135 (1996)

144 Or. App. 9

DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT, Respondent, v. LINCOLN COUNTY, Pacific H.W. Investments, Inc., and James L. Watson, Petitioners.

Court of Appeals of Oregon.

Decided October 9, 1996.

Attorney(s) appearing for the Case

Wayne Belmont, Lincoln County Counsel, argued the cause and filed the brief for petitioner Lincoln County.

Daniel Kearns, Portland, argued the cause for petitioners Pacific H.W. Investments, Inc., and James L. Watson. With him on the brief was Preston Gates & Ellis.

John T. Bagg, Assistant Attorney General, argued the cause for respondent. With him on the briefs were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Anne Corcoran Briggs, Assistant County Counsel, filed the brief for Amicus Curiae Columbia County.

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

DEITS, Presiding Judge.

Petitioners Watson and Pacific H.W. Investments, Inc. (petitioners) applied for and, in July 1995, the Lincoln County governing body approved a 113-lot planned unit development on a 50-acre site in a rural residential zone. The Department of Land Conservation and Development (DLCD) appealed the decision to LUBA, contending that the approval violated an amendment to Goal 11 that became effective in December 1994. LUBA agreed and reversed the...

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