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DLCD v. YAMHILL COUNTY

LUBA No. 96-191; CA A98723.

949 P.2d 1245 (1997)

151 Or. App. 367

DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT, Petitioner, v. YAMHILL COUNTY, Respondent, and Joan Millay, Intervenor-Respondent.

Court of Appeals of Oregon.

Decided November 26, 1997.

Attorney(s) appearing for the Case

Denise G. Fjordbeck, Assistant Attorney General, argued the cause for petitioner. With her on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

John C. Pinkstaff argued the cause and filed the brief for respondent.

Michael C. Robinson argued the cause for intervenor-respondent. With him on the brief was Stoel Rives LLP.

Before RIGGS, P.J., and DEITS, C.J., and LEESON, J.

DEITS, Chief Judge.

The Department of Land Conservation and Development (DLCD) seeks review of LUBA's decision affirming Yamhill County's approval of a so-called "lot of record dwelling" in an exclusive farm use (EFU) zone. We affirm.

Donald and Sarah Duncan acquired the property in question in 1973. In 1996, their son Robert Duncan (Duncan) bought the property from them and applied to the county for permission to site a dwelling on it pursuant to ORS 215...

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