ESTREMADO v. JACKSON COUNTY

LUBA No. 96-059; CA A95538.

934 P.2d 515 (1997)

146 Or. App. 529

Joseph ESTREMADO and Joyce Estremado, Petitioners, v. JACKSON COUNTY and Thomas Lowell, Respondents.

Court of Appeals of Oregon.

Decided February 26, 1997.

Review Denied May 20, 1997.


Attorney(s) appearing for the Case

Richard H. Berman, Medford, argued the cause for petitioners. With him on the brief was Blackhurst, Hornecker, Hassen & Ervin B. Hogan.

James R. Dole, Grants Pass, argued the cause for respondent Thomas Lowell. With him on the brief was Schultz, Salisbury, Cauble, Versteeg & Dole.

No appearance for respondent Jackson County.

Before DEITS, P.J., and RICHARDSON, C.J., and De MUNIZ, JJ.


DEITS, Presiding Judge.

Petitioners seek review of LUBA's dismissal of their appeal from what they denominate "land use decisions" of Jackson County approving respondent Lowell's (respondent) site plan and related applications for dwellings in a resource zone. LUBA held that the county's approvals were issued "in response to a writ of mandamus" under ORS 215.428(7) and, therefore, were not "land use decisions" subject to LUBA's jurisdiction. ORS 197.015(10)(d)(B)...

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