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deBARDELABEN v. TILLAMOOK COUNTY

LUBA No. 95-238; CA A93091.

922 P.2d 683 (1996)

142 Or. App. 319

Garfield deBARDELABEN and Marian deBardelaben, Respondents, v. TILLAMOOK COUNTY, Respondent below, and Darryl Carter, Petitioner.

Court of Appeals of Oregon.

Decided July 31, 1996.

Attorney(s) appearing for the Case

Timothy J. Sercombe, Portland, argued the cause and filed the brief for petitioner.

Max M. Miller, Jr., Portland, argued the cause for respondents. With him on the brief was Tonkon, Torp, Galen, Marmaduke & Booth.

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

DEITS, Presiding Judge.

Petitioner Carter (petitioner) seeks review of LUBA's reversal of Tillamook County's allowance of a variance from a height restriction in conjunction with petitioner's construction of an addition to his house.1 LUBA concluded that the county governing body's interpretation of the variance provisions of its land use ordinance (sometimes "LUO" in the quoted material) was reversible under ORS 197.829 and Clark v...

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