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MISSION BOTTOM ASS'N v. MARION COUNTY

LUBA No. 96-057; CA A94939.

930 P.2d 897 (1996)

145 Or. App. 486

MISSION BOTTOM ASSOCIATION, INC., Ron Sacchi, Tamra Sacchi, Spring Lake Farms, Marie Zielinski, Adele Egan, Egan Gardens, Lois Egan, Ellen Egan, Mission Cherry Farm, Paul Witteman, Frances Witteman, Chapin Farms, Jack Chapin, Mary Chapin, Ron M. Chapin, Bruce R. Chapin, Velan E. Chapin and Marion County Farm Bureau, Petitioners, v. MARION COUNTY and Morse Bros., Inc., Respondents.

Court of Appeals of Oregon.

Decided December 31, 1996.

Attorney(s) appearing for the Case

Edward J. Sullivan, Portland, argued the cause for petitioners. With him on the brief was Preston Gates & Ellis.

Jane Ellen Stonecipher, Salem, argued the cause for respondent Marion County. On the brief was Gloria Roy.

Paul R. Hribernick, Portland, argued the cause for respondent Morse Bros., Inc. With him on the brief was Black Helterline.

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

DEITS, Presiding Judge.

Petitioners seek review of LUBA's decision affirming Marion County's approval of a comprehensive plan amendment and a mineral and aggregate overlay zone. The county's decision adds a 490-acre site to the county's mineral and aggregate sites inventory and allows respondent Morse Bros., Inc. (respondent) to conduct mineral and aggregate extraction operations on a 186-acre area within the larger site.1 The site is...

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