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FRANKLIN v. DESCHUTES COUNTY

LUBA Nos. 94-208, 95-022; CA A90211.

911 P.2d 339 (1996)

139 Or. App. 1

Fran FRANKLIN, Kaye Franklin, and Regena Franklin, Respondents, v. DESCHUTES COUNTY, Respondent below, and Wal-Mart Stores, Inc., Petitioner.

Court of Appeals of Oregon.

Decided February 7, 1996.

Attorney(s) appearing for the Case

William F. Gary, Eugene, argued the cause for petitioner. With him on the brief were Anne C. Davies, Antonia M. De Meo, Portland, Yuanxing Chen and Harrang Long Gary Rudnick P.C., Eugene.

Steve C. Morasch, Portland, argued the cause for respondents. With him on the brief were Daniel E. Van Vactor, Forcum & Speck, Bend and Schwabe, Williamson & Wyatt, Portland.

Before DEITS, P.J., RICHARDSON, C.J., and EDMONDS, J.

DEITS, Presiding Judge.

Wal-Mart Stores, Inc. (Wal-Mart) seeks review of LUBA's remand of Deschutes County's modification of the conditional use permit allowing Wal-Mart to develop a department store. We affirm.

The original permit was granted by a county hearings officer in 1993. Among the conditions that the hearings officer attached to the permit was that Wal-Mart complete certain road improvements and make certain right-of-way dedications "prior to the...

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