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HEGELE v. CROOK COUNTY

2002-139; A121356.

78 P.3d 1254 (2003)

190 Or. App. 376

Charles HEGELE, Petitioner, v. CROOK COUNTY, Alan Russell, Joyce Russell, Tom Strand, Carol Strand, Joneen Calhoun, Terry C. Smith, Patricia Smith, Ty Fehrenbacher, Linda Fehrenbacher, Gerald A. Coffman, Marion Coffman, Paul Kasberger, Ann Kasberger, Michael Duggan, Diann Duggan, Rodd Clark, and Jennifer Clark, Respondents.

Court of Appeals of Oregon.

Decided November 5, 2003.

Attorney(s) appearing for the Case

Bruce W. White, Portland, argued the cause and filed the brief for petitioner.

Jeff M. Wilson, Crook County Legal Counsel, argued the cause and filed the brief for respondent Crook County.

No appearance for respondents Alan Russell, Joyce Russell, Tom Strand, Carol Strand, Joneen Calhoun, Terry C. Smith, Patricia Smith, Ty Fehrenbacher, Linda Fehrenbacher, Gerald A. Coffman, Marion Coffman, Paul Kasberger, Ann Kasberger, Michael Duggan, Diann Duggan, Rodd Clark, and Jennifer Clark.

Before DEITS, Chief Judge, and LINDER, Judge, and LEESON, Judge pro tempore.

LINDER, J.

Petitioner Charles Hegele applied to respondent Crook County for approval of a comprehensive plan amendment to place his aggregate mine on the county's Goal 5 inventory of significant aggregate sites. Petitioner also sought a conditional use permit to mine the site. The county determined that petitioner's aggregate site was not a significant resource and denied the application to place the site on its inventory. On petitioner's

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