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CYRUS v. DESCHUTES

2003-153; A124563.

96 P.3d 858 (2004)

194 Or.App. 716

Keith CYRUS and Matt Cyrus, Respondents, v. DESCHUTES COUNTY, Respondent, and Central Electric Cooperative, Inc., Petitioner.

Court of Appeals of Oregon.

Decided August 25, 2004.

Attorney(s) appearing for the Case

Gerald A. Martin, Bend, argued the cause for petitioner. With him on the brief were Martin E. Hansen and Francis & Martin.

Brian L. Gingerich, Bend, argued the cause for respondents Keith Cyrus and Matt Cyrus. With him on the brief were Tia M. Lewis, Bend, and Merrill O'Sullivan, LLP.

No appearance for respondent Deschutes County.

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

BREWER, P.J.

Petitioner Central Electric Cooperative, Inc. (CEC) seeks review of a Land Use Board of Appeals (LUBA) decision remanding Deschutes County's approval of CEC's request to alter a portion of its electric utility infrastructure. Because, as explained below, CEC challenges LUBA's interpretation of a governing statute, we review LUBA's conclusions in that regard for errors of law. ORS 197.850(9)(a); Kelley v. Clackamas County, 158...

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