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GUTOSKI v. LANE COUNTY

LUBA No. 97-194; CA A101684.

963 P.2d 145 (1998)

155 Or. App. 369

Peter GUTOSKI and Judy Gutoski, Petitioners, v. LANE COUNTY and Don Stapleton, Respondents.

Court of Appeals of Oregon.

Decided August 5, 1998.

Attorney(s) appearing for the Case

Bill Kloos, Eugene, argued the cause for petitioners. With him on the brief was Johnson, Kloos & Sherton, P.C.

Stephen L. Vorhes, Eugene, argued the cause for respondent Lane County. With him on the brief was Lane County Office of Legal Counsel.

Laurence E. Thorp, Springfield, argued the cause for respondent Don Stapleton. With him on the brief was Thorp, Purdy, Jewett, Urness & Wilkinson, P.C.

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

De MUNIZ, Presiding Judge.

Lane County granted respondent Stapleton's application to rezone his property from a lower to a higher density rural residential designation to enable him to add a second residence on the parcel. Petitioners operate an orchard on their adjacent land in an agricultural zone. They appealed the county's decision to LUBA and, in turn, to us. In Gutoski v. Lane County, 141 Or.App. 265,

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