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HUGO v. COLUMBIA COUNTY

LUBA No. 98-035; CA A102789.

967 P.2d 895 (1998)

157 Or. App. 1

Bruce HUGO, Respondent, v. COLUMBIA COUNTY, Respondent, and John A. Petersen and Tide Creek Rock, Inc., Petitioners.

Court of Appeals of Oregon.

Decided November 4, 1998.

Attorney(s) appearing for the Case

Agnes Marie Petersen, Deer Island, argued the cause for petitioners. With her on the brief was Van Natta & Petersen.

Michael F. Sheehan, Scappoose, argued the cause and filed the brief for respondent Bruce Hugo.

No appearance for respondent Columbia County.

Before HASELTON, P.J., DEITS, C.J., and WOLLHEIM, J.

DEITS, Chief Judge.

Petitioners1 seek review of LUBA's remand of Columbia County's approval of petitioners' application to increase the area of their mining operation that is exempt from the county's surface mining ordinance regulations from 40 acres to 160 acres. We affirm.

We quote the relevant facts from LUBA's opinion:

"[Petitioners] operate a 40-acre [surface] mining operation under a limited exemption certificate...

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