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TRADEMARK CONSTRUCTION v. MARION COUNTY

97-188; CA A101689.

962 P.2d 772 (1998)

155 Or. App. 84

TRADEMARK CONSTRUCTION, INC. Petitioner, v. MARION COUNTY BOARD OF COMMISSIONERS, John Frederic and Sandra Edwards, Respondents.

Court of Appeals of Oregon.

Decided July 15, 1998.

Attorney(s) appearing for the Case

Donald M. Kelley, Silverton, argued the cause for petitioner. With him on the briefs were Patrick E. Doyle, Silverton, and Kelley & Kelley.

Jane Ellen Stonecipher, Assistant Legal Counsel, argued the cause for respondent Marion County Board of Commissioners. With her on the joint brief was Michael J. Hansen, Marion County Legal Counsel and David Doyle. David Doyle argued the cause for respondents John Frederic and Sandra Edwards.

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

De MUNIZ, Presiding Judge.

Petitioner seeks review of LUBA's decision affirming the dismissal by the Marion County governing body of petitioner's application for a conditional use permit to expand its present aggregate quarry operation. We affirm.

The proposed expanded operation is located inside the Urban Growth Boundary (UGB) of the City of Stayton but outside the city limits. The proposal would increase the area of the aggregate operation from one to 19...

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