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YEAGER v. BENTON COUNTY

LUBA No. 2001-185; A118104.

53 P.3d 459 (2002)

183 Or.App. 549

Mark YEAGER, Janice Russnogle, M.D., Peggy Lynch, Tim Boyd, Cat Newsheller, Kim Golletz, Dan Golletz, Linda Hardison, Scott Sundberg, Mike Lahr, Ann Lahr, Janet Ohmann, Joe Crockett, Doug Pollock, Darcie Hamel, Kerry Schoning, Jean Townes, Dave Vesely and Joan Hagar, Petitioners, v. BENTON COUNTY, Patrick O'Dell and Marti O'Dell, Respondents.

Court of Appeals of Oregon.

Decided September 11, 2002.

Attorney(s) appearing for the Case

James V.B. Delapoer, Albany, argued the cause for petitioners. With him on the brief was Long, Delapoer, Healy, McCann & Noonan, P.C.

No appearance for respondents.

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

LANDAU, P.J.

Petitioners seek review of a Land Use Board of Appeals (LUBA) order affirming a Benton County Board of Commissioners (board) decision to grant a conditional use permit to allow a "horse training and boarding facility" on land zoned rural residential (RR). We affirm.

We take the facts from LUBA's order. Patrick and Marti O'Dell own a 3.9-acre parcel zoned RR. In May 2000, the O'Dells applied for and received county approval to construct a pole...

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