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UTSEY v. COOS COUNTY

2000-06; CA A111594

32 P.3d 933 (2001)

176 Or. App. 524

Jordan UTSEY and Melanie Tang, Respondents, and League of Women Voters of Coos County, Petitioner, v. COOS COUNTY, Albert Lillie, Cindy Lillie, and Department of Land Conservation and Development, Respondents.

Court of Appeals of Oregon.

Resubmitted April 11, 2001.

Decided September 26, 2001.

Attorney(s) appearing for the Case

Douglas M. DuPriest, Eugene, argued the cause for petitioner League of Women Voters of Coos County. With him on the briefs was Hutchinson, Anderson, Cox, Coons & DuPriest, P.C. With him on the reply brief was Michelle A. Blackwell, Eugene.

Allen L. Johnson, Eugene, argued the cause for respondents Albert Lillie and Cindy Lillie. With him on the brief was Johnson & Sherton, P.C.

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

No appearance for respondents Jordan Utsey and Melanie Tang.

No appearance for respondent Coos County.

Before DEITS, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM, KISTLER, and BREWER, Judges.

Resubmitted En Banc April 11, 2001.

LANDAU, J.

Intervenor the League of Women Voters of Coos County (League) petitions for judicial review of a decision of the Land Use Board of Appeals (LUBA) upholding a decision of Coos County (county) to permit the operation of an off-highway vehicle (OHV) trail system and an OHV "motocross" racetrack as a "private park" on a tract of land that is zoned exclusive farm use (EFU). Respondents Albert and Cindy Lillie, the...

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