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STATE EX REL. COPELAND SAND & GRAVEL, INC. v. BARTOW

92-CV-0206; CA A87361.

919 P.2d 48 (1996)

STATE of Oregon ex rel. COPELAND SAND AND GRAVEL, INC., an Oregon corporation, Respondent, v. William Bruce BARTOW, Planning Director of Josephine County, Oregon; Planning Commission of Josephine County, Oregon; and Board of County Commissioners of Josephine County, Oregon, Respondents, and Murphy Citizens Advisory Committee, Intervenor-Appellant.

Court of Appeals of Oregon.

Decided June 26, 1996.

Review Denied September 24, 1996.

Attorney(s) appearing for the Case

Mathew G. Fawcett, The Dalles, argued the cause and filed the briefs for Intervenor-Appellant.

James R. Dole, Grants Pass, argued the cause for Respondent Copeland Sand & Gravel, Inc.

No appearance by Respondent William Bruce Bartow.

No appearance by Respondent Planning Commission of Josephine County, Oregon.

No appearance by Respondent Board of County Commissioners of Josephine County, Oregon.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

WARREN, Presiding Judge.

Plaintiff brought this mandamus action pursuant to ORS 215.428(7), to compel the defendant county officials to issue a development permit for which plaintiff had applied. Intervenor opposed the permit. Plaintiff and defendants entered into a stipulation whereby the county agreed to issue the permit, subject to certain conditions. The permit was subsequently issued. Although intervenor did not join in the stipulation, the trial court entered...

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