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NICHOLS v. CLACKAMAS COUNTY

LUBA No. 96-046; CA A95064.

932 P.2d 1185 (1997)

146 Or. App. 25

Wynter NICHOLS, Petitioner, v. CLACKAMAS COUNTY and Department of Land Conservation and Development, Respondents.

Court of Appeals of Oregon.

Decided January 29, 1997.

Review Held in Abeyance April 9, 1997.

Attorney(s) appearing for the Case

David J. Hunnicutt, Tigard, argued the cause and filed the brief for petitioner.

Michael E. Judd, Chief Assistant County Counsel, filed the brief for respondent Clackamas County. With him on the brief was Clackamas County Counsel.

Stephanie L. Striffler, Assistant Attorney General, argued the cause for respondent Department of Land Conservation and Development. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

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

DEITS, Presiding Judge.

Petitioner seeks review of LUBA's decision affirming Clackamas County's denial of petitioner's application for a farm dwelling on a 1.5-acre parcel in an exclusive farm use (EFU) zone. We affirm.

ORS 215.283(1)(f) provides that, among the nonfarm uses that may be established in EFU zones in Clackamas and other counties that have not adopted marginal lands provisions under ORS 197.247 (1991), are "dwellings and other buildings customarily...

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