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DUDEK v. UMATILLA COUNTY

2002-048; A119050.

69 P.3d 751 (2003)

187 Or. App. 504

Clelan DUDEK and Lois Dudek, Petitioners, v. UMATILLA COUNTY and Danny R. Smith, Respondents.

Court of Appeals of Oregon.

Decided May 15, 2003.

Attorney(s) appearing for the Case

Douglas E. Hojem, Pendleton, argued the cause for petitioners. With him on the brief was Corey, Byler, Rew, Lorenzen & Hojem.

D. Rahn Hostetter argued the cause and filed the brief for respondent Danny R. Smith.

No appearance for respondent Umatilla County.

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

DEITS, C.J.

Petitioners1 seek review of a Land Use Board of Appeals (LUBA) decision affirming Umatilla County's grant of a partitioning request. The county's decision included a determination that a portion of the Umatilla County Development Ordinance (UCDO)2 need not be applied to the partitioning. The applicant before the county, Danny R. Smith (respondent),3 sought to partition...

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