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WILBUR RESIDENTS v. DOUGLAS COUNTY

LUBA No. 96-178; CA A99083.

950 P.2d 368 (1997)

151 Or. App. 523

WILBUR RESIDENTS FOR A CLEAN NEIGHBORHOOD, Janet Dixon, Kevin Dixon, Dorothy Branch, Alice Mohr, Marcia Byers, Glen Byers and Bob Wonless, Petitioners, v. DOUGLAS COUNTY and Dick Heard, Respondents.

Court of Appeals of Oregon.

Decided December 17, 1997.

Attorney(s) appearing for the Case

David A. Bahr, Eugene, argued the cause and filed the brief for petitioners.

No appearance for respondent Douglas County.

David B. Smith, Tigard, argued the cause and filed the brief for respondent Dick Heard.

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

RIGGS, Presiding Judge.

Petitioners seek review of LUBA's dismissal for untimeliness of their appeal from Douglas County's approval of respondent Heard's (respondent) application to operate a septic waste treatment facility. We reverse and remand.

The application was approved without a hearing by the county planning director. ORS 215.416(11)(a)1 provides, in material part:

"The hearings officer, or such other person as...

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