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STATE EX REL. FORMAN v. CLACKAMAS COUNTY

CCV98-03-550; A111100.

45 P.3d 491 (2002)

181 Or. App. 172

STATE ex rel. Leroy T. FORMAN, Appellant-Cross-Respondent, v. CLACKAMAS COUNTY, Respondent-Cross-Respondent, and Lloyd Marbet, Intervenor-Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided May 1, 2002.

Attorney(s) appearing for the Case

Jeffrey M. Batchelor, Portland, argued the cause for appellant-cross-respondent Leroy T. Forman. With him on the briefs were Markowitz, Herbold, Glade & Mehlhaf, P.C., Gary G. Linkous and Gary G. Linkous, P.C.

No appearance for respondent-cross-respondent Clackamas County.

Peggy Hennessy, Portland, argued the cause for intervenor-respondent-cross-appellant. With her on the briefs was Reeves, Kahn & Eder.

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

HASELTON, P.J.

This appeal, supplemental appeal, and cross-appeal arise from a mandamus proceeding pursuant to former ORS 215.428.1 Plaintiff-relator Leroy Forman sought a writ compelling Clackamas County to issue a conditional land use permit authorizing operation of a gravel mining pit in a residential farm/forest zone. Intervenor Lloyd Marbet, a neighbor, contested the issuance of the writ. The trial court purported to allow...

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