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SCHROCK FARMS, INC. v. LINN COUNTY

95-058; CA A92655.

919 P.2d 519 (1996)

142 Or. App. 1

SCHROCK FARMS, INC., Vernon Schrock and Dean Schrock, Petitioners, v. LINN COUNTY and Oregon Department of Transportation, Respondents.

Court of Appeals of Oregon.

Decided July 3, 1996.

Attorney(s) appearing for the Case

Edward F. Schultz, Albany, argued the cause for petitioners. With him on the brief was Weatherford, Thompson, Quick & Ashenfelter, P.C.

John T. Bagg, Salem, argued the cause for respondent Oregon Department of Transportation. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

No appearance for respondent Linn County.

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

DEITS, Presiding Judge.

Petitioners seek review of LUBA's affirmance of Linn County's Goal 3 exception and comprehensive plan amendment, which allow respondent Oregon Department of Transportation (ODOT) to construct a highway realignment on property of petitioners that is in an exclusive farm use (EFU) zone and that is the subject of a pending condemnation action brought by ODOT. We affirm.

The controversy between the parties has been before us three times...

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