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DLCD v. YAMHILL COUNTY

2002-011; A118286.

53 P.3d 462 (2002)

183 Or.App. 556

DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT, Petitioner, and FRIENDS OF YAMHILL COUNTY, Intervenor-Petitioner below, v. YAMHILL COUNTY, Respondent.

Court of Appeals of Oregon.

Decided September 11, 2002.

Attorney(s) appearing for the Case

Steven E. Shipsey, Assistant Attorney General, argued the cause for petitioner. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Denise G. Fjordbeck, Assistant Attorney General.

Rick Sanai argued the cause and filed the brief for respondent.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.

HASELTON, P.J.

The Department of Land Conservation and Development (DLCD) petitions for judicial review of an order of the Land Use Board of Appeals (LUBA). The issue on review is whether LUBA erred in holding that a local government can take an exception to a statewide planning goal to allow a use that could be allowed under that goal. In particular, did LUBA err in holding that respondent Yamhill County could properly take an exception to Statewide Planning Goal...

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