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MORSE BROS., INC. v. COLUMBIA COUNTY

(LUBA No. 99-017; CA A108334)

996 P.2d 1023 (2000)

165 Or. App. 512

MORSE BROS., INC., an Oregon corporation, Respondent—Cross-Petitioner, v. COLUMBIA COUNTY, Petitioner—Cross-Respondent, and The Deer Island Preservation Society and the City of Columbia City, Respondents—Cross-Respondents.

Court of Appeals of Oregon.

Decided February 23, 2000.

Attorney(s) appearing for the Case

John K. Knight, St Helens, argued the cause and filed the briefs for petitioner—cross-respondent.

Steven R. Schell, Portland, argued the cause for respondent—cross-petitioner. With him on the brief was Black Helterline LLP.

No appearance for respondents—cross-respondents.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Denise G. Fjordbeck, Assistant Attorney General, filed the brief amicus curiae for Department of Land Conservation and Development.

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

DEITS, C.J.

Columbia County petitions for review of LUBA's reversal of the county's denial of respondent Morse Bros.' (respondent) application for comprehensive plan and zoning amendments that would facilitate respondent's use of a 190-acre site for aggregate and mineral surface mining. LUBA concluded that the county's decision was contrary to Goal 5 and to OAR 660-023-0180, the amended implementing rule for aggregate and mineral resources that the Land Conservation...

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