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LANE COUNTY v. LCDC

CA A83932.

910 P.2d 414 (1996)

138 Or. App. 635

LANE COUNTY, Petitioner, v. LAND CONSERVATION AND DEVELOPMENT COMMISSION, Respondent, and 1000 FRIENDS OF OREGON, Intervenor.

Court of Appeals of Oregon.

Decided January 24, 1996.

Attorney(s) appearing for the Case

David B. Williams, Eugene, argued the cause, for petitioner. With him on the brief was Lane County Office of Legal Counsel.

Stephanie L. Striffler, Assistant Attorney General, Salem, argued the cause, for respondent. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

F. Blair Batson, Portland, argued the cause and filed the brief, for intervenor.

Frederick A. Batson, Gleaves Swearingen Larsen Potter Scott & Smith, Eugene, filed a brief amicus curiae, for Raymond Sims Baum, Robert Repine, and William and Bonnie Thielman.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

LANDAU, Judge.

Petitioner Lane County challenges the validity of a number of Land Conservation and Development Commission (LCDC) administrative rules concerning the extent to which certain uses may be restricted in land classified as "high value farmland." Lane County argues that the rules are invalid, because they prohibit uses that are expressly allowed by statute. LCDC and intervenor 1000 Friends of Oregon (1000 Friends) argue that the rules permissibly establish...

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