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FLYING J, INC. v. MARION COUNTY

2003-192; A127931.

117 P.3d 1027 (2005)

201 Or. App. 99

FLYING J, INC., Respondent, v. MARION COUNTY, Respondent below, and TravelCenters of America and Leathers Fuels, Inc., Petitioners.

Court of Appeals of Oregon.

Decided August 9, 2005.

Attorney(s) appearing for the Case

William K. Kabeiseman and Kelly Hossaini, Portland, argued the cause for petitioners. With them on the joint brief were Edward J. Sullivan and Garvey Schubert Barer and Phillip E. Grillo and Miller Nash LLP.

G. Frank Hammond, Portland, argued the cause for respondent. With him on the brief were Richard G. Lorenz and Cable Huston Benedict Haagensen & Lloyd LLP.

Before LINDER, Presiding Judge, and HASELTON and ORTEGA, Judges.

LINDER, P.J.

In this proceeding to review a Land Use Board of Appeals (LUBA) decision, the central issue is the zoning of two acres1 owned by respondent, Flying J, Inc. Specifically, the issue is whether the property is zoned Interchange District (ID) or Interchange District with a Limited Use Overlay (ID-LU), which restricts development of the property more than if it is zoned ID. LUBA concluded that the property has the less restrictive...

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