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WETHERELL v. DOUGLAS COUNTY

2005-045; A129999.

132 P.3d 41 (2006)

204 Or. App. 732

Shelley WETHERELL, Janell Stradtner and Friends of Douglas County, Respondents-Cross-Petitioners, v. DOUGLAS COUNTY, Respondent, and Great American Properties Limited Partnership, Petitioner-Cross-Respondent.

Court of Appeals of Oregon.

Decided March 22, 2006.

Attorney(s) appearing for the Case

Stephen Mountainspring, Roseburg, argued the cause for petitioner-cross-respondent. With him on the briefs was Dole, Coalwell, Clark, Mountainspring, Mornarich & Aitken, P.C.

Ann V. Wolf argued the cause for respondents-cross-petitioners. With her on the brief was Christine M. Cook.

No appearance for respondent Douglas County.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Denise G. Fjordbeck, Assistant Attorney General, filed the brief amicus curiae for Department of Land Conservation and Development.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

HASELTON, P.J.

Petitioner Great American Properties Limited Partnership seeks judicial review of a Land Use Board of Appeals (LUBA) order that remanded to Douglas County to reconsider its determination that a 162-acre parcel was neither agricultural land nor forest land subject to statewide planning Goals 3 and 4. Petitioner argues, principally, that LUBA, in remanding, erroneously applied OAR 660-033-0030(5), which, petitioner...

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