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CARLSON v. BENTON COUNTY

LUBA No. 96-105; CA A101109.

961 P.2d 248 (1998)

154 Or. App. 62

Eric CARLSON, Respondent, v. BENTON COUNTY, Respondent, and Robert Moser and Lucinda Moser, Petitioners.

Court of Appeals of Oregon.

Decided May 27, 1998.

Attorney(s) appearing for the Case

David B. Smith argued the cause and filed the brief for petitioners.

Anne C. Davies, Eugene, argued the cause and filed the brief for respondent Eric Carlson.

No appearance for respondent Benton County.

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

DEITS, Chief Judge.

Petitioners Moser seek review of LUBA's decision remanding Benton County's approval of their application for a "template dwelling" in a forest zone pursuant to ORS 215.750(1). We affirm.

ORS 215.750(1)(a) allows dwellings to be located on land in a forest zone if, along with other criteria that are not at issue now, "the lot or parcel is predominantly composed of soils that are * * * capable of producing" only "0 to 49 cubic feet per acre...

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