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BEAVER STATE SAND & GRAVEL v. DOUGLAS CTY.

2002-065; A119715.

65 P.3d 1123 (2003)

187 Or. App. 241

BEAVER STATE SAND AND GRAVEL, INC., Petitioner, v. DOUGLAS COUNTY; Robert M. Wright; William M. Austin; Dorothy Austin, Respondents, and Department of Land Conservation and Development, Intervenor.

Court of Appeals of Oregon.

Decided April 3, 2003.

Attorney(s) appearing for the Case

Timothy S. "Todd" Sadlo, Portland, argued the cause for petitioner. With him on the brief were Frank M. Parisi, Portland, Stephen Mountainspring, Dole, Coalwell, Clark, Mountainspring, Mornarich & Aitken, P. C., Roseburg, and Parisi & Parisi P.C., Portland.

Corinne C. Sherton, Eugene, argued the cause for respondents Robert M. Wright, William M. Austin, and Dorothy Austin. With her on the brief was Johnson & Sherton, P.C.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jas. Jeffrey Adams, Richard M. Whitman and Steven E. Shipsey, Assistant Attorneys General, filed the brief for intervenor Department of Land Conservation and Development.

No appearance for respondent Douglas County.

Before EDMONDS, Presiding Judge, and KISTLER and SCHUMAN, Judges.

KISTLER, J.

Beaver State Sand and Gravel petitions for review of a LUBA decision holding that ORS 215.298 does not apply to a nonsignificant aggregate site. We affirm.

Beaver State owns an 80.10-acre parcel of land in Douglas County. The parcel is zoned Exclusive Farm Use (EFU)-Cropland and is located within the 100-year flood plain of the South Umpqua River. Beaver State identified a 35-acre section of the parcel that it wants to use to mine aggregate. As...

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