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HODGE OREGON PROPERTIES v. LINCOLN COUNTY

2003-157; A123733.

93 P.3d 93 (2004)

194 Or.App. 50

HODGE OREGON PROPERTIES, LLC, Respondent, v. LINCOLN COUNTY, Petitioner, and Ann M. Denison, Intervenor below.

Court of Appeals of Oregon.

Decided July 6, 2004.

Attorney(s) appearing for the Case

Wayne Belmont, Newport, argued the cause and filed the brief for petitioner.

Douglas R. Holbrook, Newport, argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and LEESON, Judge pro tempore.

LANDAU, P.J.

The Lincoln County Board of Commissioners granted a conditional-use permit for siting a nonforest dwelling on land zoned both "Timber Conservation" (TC) and "Planned Marine" (M-P). A neighbor, respondent Hodge Oregon Properties, LLC (Hodge), appealed the decision to the Land Use Board of Appeals (LUBA), which remanded the decision to the county. Hodge Oregon Properties, LLC v. Lincoln Cty., 46 Or. LUBA 290 (2004). The county now seeks review of...

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