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TIGARD SAND AND GRAVEL v. CLACKAMAS CTY.

LUBA No. 96-182; CA A97209.

943 P.2d 1106 (1997)

149 Or. App. 417

TIGARD SAND AND GRAVEL, INC., Petitioner, v. CLACKAMAS COUNTY, Stafford Alliance for the Environment, an Oregon non-profit corporation ("SAFE"), Far West Clackamas County CPO, Hon. Katharine English, Charles Gault, Larry Edelman, John Prince, Claudia Navaratril, Carla Green, Cindy Tyree, Kay Jewett, Yvonne Jacobs, Ruth Hardie and Theonie Gilmore, Respondents.

Court of Appeals of Oregon.

Decided August 6, 1997.

Attorney(s) appearing for the Case

Michael J. Lilly, Portland, argued the cause and filed the brief for petitioner.

Michael E. Judd, Chief Assistant County Counsel, filed the brief for respondent Clackamas County.

Jeffrey L. Kleinman argued the cause and filed the brief for respondents Stafford Alliance for the Environment, Far West Clackamas County CPO, Hon. Katherine English, Charles Gault, Larry Edelman, John Prince, Claudia Navaratril, Carla Green, Cindy Tyree, Kay Jewett, Yvonne Jacobs, Ruth Hardie and Theonie Gilmore.

Frank M. Parisi and Parisi & Parisi, Paroland, filed the brief amicus curiae for Oregon Concrete and Aggregate Producer's Association.

Before DEITS, C.J., and DE MUNIZ and HASELTON, JJ.

DEITS, Chief Judge.

Petitioner seeks review of LUBA's decision affirming a Clackamas County hearings officer's declaratory determination that petitioner's nonconforming use for a rock quarry operation has been lost due to both interruption and abandonment. We affirm.

We take the material facts from LUBA's opinion:

"Petitioner owns and operates a rock quarry which is the subject of this appeal. The quarry...

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