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SPENCER CREEK NEIGHBORS v. LANE COUNTY

LUBA No. 96-079; CA A99385.

952 P.2d 90 (1998)

152 Or. App. 1

SPENCER CREEK NEIGHBORS, Jane Novick and Jerry Strand, Petitioners, v. LANE COUNTY, Respondent.

Court of Appeals of Oregon.

Decided January 7, 1998.

Attorney(s) appearing for the Case

William Sherlock, Eugene, argued the cause for petitioners. With him on the brief were Bill Kloos and Johnson, Kloos & Sherton, P.C.

Stephen L. Vorhes, Assistant County Counsel, argued the cause for respondent. With him on the brief were Teresa J. Wilson, County Counsel, and Lane County Office of Legal Counsel.

Before EDMONDS, P.J., and DEITS, C.J., and ARMSTRONG, J.

DEITS, Chief Judge.

Petitioners seek review of LUBA's denial of their petition to recover attorney fees from respondent Lane County pursuant to ORS 197.830(14)(b).1 We disagree with part of LUBA's reasoning but agree with its disposition and affirm.

Petitioners appealed to LUBA from the county's approval of a "paintball park." They made two assignments of error. LUBA sustained petitioners' second assignment, concluding that the...

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