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CONSERVATION COALITION v. LINCOLN CTY.

(LUBA No. 98-175; CA A106967)

992 P.2d 936 (1999)

164 Or. App. 426

OREGON SHORES CONSERVATION COALITION and The Friends of the Historic 804 County Road and Hiking Trail, Inc., Respondents—Cross-Petitioners, and 1000 Friends of Oregon, Respondent, v. LINCOLN COUNTY, Elaine Armes, John Arthur, Beverly Arthur, Robert Barber, Leslie Barber, Gloria Holmes Baehr, Merry Berry, Burd Bicksler, Joan Bicksler, David Bishop, Sharon Bishop, Steven Brous, Susan Brous, Bonita Brown, Rick Brown, Linda Jackson Brown, Anna Lou Case, Evelyn Cahoon, Gladys Clair, Robert Clair, Melvin Clair, Stephen Davies, Elizabeth Davies, Robert Diprete, Kathryn Poland, Mary Elena Dochterman, Patricia Bridges, Donald Durham, George Goble, Joel Evans, Sheila Evans, Craig Gilbert, Linda Gilbert, Ada Griffiths, John Griffiths, Anna Jackson, Phillip King, Mary King, Estate of Fred Dudley, Ruby Jones, Carol Kocher, Marilyn Kocher, Tom Meados, Hope Meados, John McHenry, Margaret McKeowen, Jerry McCall, Meredith McCall, Howard Osborn, Paul Pirrucello, Nola Pirrucello, Arthur Roberts, Fern Roberts, Jose Salazar, Linda Wassom Salazar, Arthur Sleight, Betty Sleight, William Stinnett, Robin Stinnett, Eugene Sullivan, Linda Sullivan, John Toepher, Nina Toepher, Richard Stanley Urbanski, William Verstegen, Everett Miles, Elva Miles, Sigrid Bratsch, Malcolm Byers June Byers, Max Wales, Jeanne Wales, and Patrice Bierman, Petitioners—Cross-Respondents, and City of Yachats and David H. Chamberlin, Intervenors— Respondents below.

Court of Appeals of Oregon.

Decided December 22, 1999.

Attorney(s) appearing for the Case

Wayne Belmont, Lincoln County Counsel, argued the cause and filed the briefs for petitioner—cross-respondent Lincoln County.

Michael E. Farthing, Eugene, argued the cause for petitioners-cross-respondents Elaine Arms, et al. With him on the briefs was Gleaves Swearingen Larsen Potter Scott & Smith LLP.

Steven R. Schell, Portland, argued the cause for respondents-cross-petitioners.

Christine M. Cook argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and KISTLER, Judge.

DEITS, C.J.

Lincoln County (county) and petitioners Armes et al. (petitioners) seek review of LUBA's decision remanding the county's vacation of a portion of County Road 804 that is located in its entirety in the City of Yachats (city). The respondents (respondents) other than 1000 Friends of Oregon (1000 Friends) cross-petition from LUBA's decision. We reverse on both the petition and the cross-petition and remand to LUBA for further consideration.

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