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WETHERELL v. DOUGLAS COUNTY

2005-174; A132504.

146 P.3d 343 (2006)

209 Or. App. 1

Shelley WETHERELL, Respondent, v. DOUGLAS COUNTY, Respondent, and Umpqua Pacific Resources Company, Inc., Petitioner.

Court of Appeals of Oregon.

Decided October 23, 2006.

Attorney(s) appearing for the Case

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

Respondent Shelley Wetherell waived appearance pro se.

No appearance for respondent Douglas County.

Before SCHUMAN, Presiding Judge, and LANDAU and ORTEGA, Judges.

SCHUMAN, P.J.

Douglas County approved a plan by Umpqua Pacific Resources Company, Inc. (Umpqua) to build a nonfarm dwelling in a zone designated for exclusive farm use, despite objections from Wetherell. Wetherell appealed the approval to the Land Use Board of Appeals (LUBA), which rejected the county's approval because, among other reasons, Umpqua had failed to produce substantial evidence that the land on which it wanted to build was unsuitable for farm, livestock...

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