DEPT. OF TRANSPORTATION v. COOS COUNTY

LUBA Nos. 98-038, 98-039; CA A104203.

976 P.2d 68 (1999)

158 Or. App. 568

DEPARTMENT OF TRANSPORTATION, Respondent, v. COOS COUNTY, Respondent below, and Menasha Development Corporation, Petitioner.

Court of Appeals of Oregon.

Decided February 24, 1999.


Attorney(s) appearing for the Case

Steve C. Morasch, Portland, argued the cause for petitioner. With him on the brief was Schwabe, Williamson & Wyatt.

John T. Bagg, 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 LANDAU, Presiding Judge, and DEITS, Chief Judge, and ROSSMAN, Senior Judge.


DEITS, C.J.

Petitioner1 Menasha Development Corporation seeks review of LUBA's remand of Coos County's comprehensive plan and zoning amendment that redesignated petitioner's 125-acre tract from exclusive farm use to rural residential. Respondent Oregon Department of Transportation (ODOT) appealed the county's amendment to LUBA. LUBA agreed with ODOT's argument that the amendment violated OAR 660-012-0060(2)(d), a provision of the Land...

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