O'ROURKE v. UNION COUNTY

2007077; A136336.

175 P.3d 485 (2007)

217 Or. App. 1

Debra O'ROURKE, Paul Dalgleish, and Duane Jorgenson, Respondents, v. UNION COUNTY, Respondent below, and R.D. Mac, Inc., Petitioner.

Court of Appeals of Oregon.

Decided December 19, 2007.


Attorney(s) appearing for the Case

Noah W. Winchester, Portland, argued the cause for petitioner. With him on the brief were Paul R. Hribernick and Black Helterline LLP.

Jonel Ricker, La Grande, argued the cause and filed the brief for respondents.

Before SCHUMAN, Presiding Judge, and BREWER, Chief Judge, and CARSON, Senior Judge.


BREWER, C.J.

The Land Use Board of Appeals (LUBA) remanded to Union County its decision approving petitioner's application for a conditional use permit to operate a temporary asphalt batch plant on land zoned for exclusive farm use. Petitioner seeks judicial review of LUBA's decision, asserting that LUBA erred (1) in denying its motion to dismiss as untimely respondents' appeal from the county's decision and (2) in concluding that a county zoning ordinance required...

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