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WARBURTON v. HARNEY COUNTY

2000-096, 2000-100; A113446.

25 P.3d 978 (2001)

174 Or. App. 322

Josh WARBURTON, Denise Warburton, Larry J. Brown, Guy Higginson, Phil Kessinger, and Lord Maitreya, Respondents, v. HARNEY COUNTY, Respondents, and Steens Mountain Packers, Inc., Petitioner. Oregon Natural Desert Association, Respondent, v. Harney County, Respondent, and Steens Mountain Packers, Inc., Petitioner.

Court of Appeals of Oregon.

Decided May 23, 2001.

Attorney(s) appearing for the Case

William C. Cox, Portland, argued the cause for petitioner. With him on the brief was Gary P. Shepherd.

Corinne C. Sherton, Eugene, argued the cause for respondents Josh Warburton, Denise Warburton, Larry J. Brown, Guy Higginson, Phil Kessinger, and Lord Maitreya. With her on the brief was Johnson & Sherton, P.C.

Paul D. Dewey, Bend, argued the cause and filed the brief for respondent Oregon Natural Desert Association.

Timothy J. Colahan, Burns, waived appearance for respondent Harney County.

Before HASELTON, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.

DEITS, C.J.

Petitioner on review, Steens Mountain Packers, Inc., seeks review of LUBA's decision reversing a Harney County Court approval of an application to site a private career school to train hunting, horsepack, and trail ride guides on land zoned for exclusive farm use (EFU). Petitioner argues that LUBA's decision represents an erroneous interpretation of law and is therefore "unlawful in substance" within the meaning of ORS 197.850(9)(a). See 1000 Friends...

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