FRIENDS OF LINN COUNTY v. LINN COUNTY

2001-023; A114291

34 P.3d 1213 (2001)

177 Or. App. 453

FRIENDS OF LINN COUNTY, Respondent, v. LINN COUNTY, Respondent below, and John Warnock and Donna Warnock, Petitioners.

Court of Appeals of Oregon.

Decided October 31, 2001.


Attorney(s) appearing for the Case

Edward F. Schultz, Albany, argued the cause for petitioners. With him on the brief was Weatherford, Thompson, Ashenfelter & Cowgill, P.C.

Christopher D. Crean argued the cause for respondent. With him on the brief was Miller Nash LLP.

Before LANDAU, Presiding Judge, and BREWER and SCHUMAN, Judges.


LANDAU, P.J.

Petitioners John and Donna Warnock seek review of a final decision and order of the Land Use Board of Appeals (LUBA) remanding Linn County's decision to permit the Warnocks to construct a dwelling on a parcel zoned for high-value exclusive farm use (EFU). We affirm.

The Warnocks purchased the subject property in 1969. It is a 7.8 acre parcel in Linn County that is composed primarily of high-value soil and is terraced in three levels. During the...

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