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DIMRN v. JACKSON CTY.

2002-089; A120692.

72 P.3d 648 (2003)

188 Or. App. 503

DEAD INDIAN MEMORIAL ROAD NEIGHBORS, Ken Ogden, Jamie Paiken, Margaret Saydah, and Dorothy Mitchell, Respondents, v. JACKSON COUNTY, Petitioner, and Joseph Dauenhauer, Intervenor-Respondent.

Court of Appeals of Oregon.

Decided July 9, 2003.

Attorney(s) appearing for the Case

Steven R. Rinkle, Senior Assistant County Counsel, argued the cause for petitioner. With him on the brief was Jackson County Counsel.

Christian E. Hearn, Ashland, and Davis, Gilstrap, Hearn, Saladoff & Smith filed the brief for respondents.

Allan E. Eraut argued the cause for intervenor-respondent. With him on the brief were Thomas F. Armosino and Frohnmayer, Deatherage, Pratt, Jamieson, Clarke & Moore, P.C.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and HASELTON, Judge.

DEITS, C.J.

Petitioner on review, Jackson County (county), seeks review of a final opinion and order of the Land Use Board of Appeals (LUBA) remanding the county's decision in this case. Jackson County raises issues concerning LUBA's denial of its motion to dismiss the appeal to LUBA brought by the Dead Indian Memorial Road Neighbors organization (DIMRN) and a number of individual neighbors. Specifically, the county argues that LUBA lacked jurisdiction both because...

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