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BRUGGERE v. CLACKAMAS COUNTY

(99-091; CA A109338)

7 P.3d 634 (2000)

168 Or. App. 692

Tom BRUGGERE and Kelley Bruggere, Respondents, v. CLACKAMAS COUNTY, Respondent, and Travis J. Veenker, Petitioner, and Land Conservation and Development Commission, Respondent.

Court of Appeals of Oregon.

Decided June 28, 2000.

Attorney(s) appearing for the Case

Jeff H. Bachrach, Portland, argued the cause for petitioner. With him on the brief were Dana L. Krawczuk and Ramis Crew Corrigan & Bachrach LLP.

Michael C. Robinson, Boise, ID, argued the cause for respondents Tom Bruggere and Kelley Bruggere. On the brief were Michael R. Campbell and Stoel Rives LLP.

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

No appearance by respondent Clackamas County.

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

BREWER, J.

Petitioner Veenker seeks review of LUBA's decision reversing Clackamas County's approval of his application for a "lot-of-record" dwelling on his property, tax lot 400, located in an exclusive farm use (EFU) zone. We affirm.

ORS 215.705, the so-called "lot-of-record" statute, provides, in part:

"(1) A governing body of a county or its designate may allow the establishment of a single-family dwelling on a lot or parcel located within a farm...

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