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DLCD v. TILLAMOOK COUNTY

LUBA No. 97-250; CA A102836.

967 P.2d 898 (1998)

157 Or. App. 11

DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT, Respondent, v. TILLAMOOK COUNTY, Ed Myers and Wilma Myers, Petitioners.

Court of Appeals of Oregon.

Decided November 4, 1998.

Attorney(s) appearing for the Case

William K. Sargent argued the cause and filed the brief for petitioner Tillamook County, and Jeffrey L. Kleinman argued the cause and filed the brief for petitioners Ed Myers and Wilma Myers.

James R. George, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

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

DEITS, Chief Judge.

Petitioners, Tillamook County and the Myers, seek review of LUBA's remand of the county's approval of the Myers' application for a residential subdivision, consisting of six one-acre lots, in a rural residential zone.1 We affirm.

Under section 3.010(4)(a) of the county's land use ordinance, land divisions and development in the zone are generally subject to a two-acre minimum lot size. However, section 3.010...

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