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THOMPSON v. LCDC

06SUSTAIN001717; A134989.

204 P.3d 808 (2009)

227 Or. App. 120

Kenneth THOMPSON and Robert Klein, Petitioners, v. LAND CONSERVATION AND DEVELOPMENT COMMISSION; Seven Hills Properties, Inc.; and Powerline Ranch, LLC, Respondents.

Court of Appeals of Oregon.

Decided April 1, 2009.

Attorney(s) appearing for the Case

Jannett Wilson argued the cause for petitioners. With her on the briefs was Goal One Coalition.

Erin C. Lagesen, Assistant Attorney General, argued the cause for respondent Land Conservation and Development Commission. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

John M. Junkin, Portland, argued the cause for respondent Seven Hills Properties, Inc. With him on the joint brief were Lisa E. Lear and Bullivant Houser Bailey PC, and Patricia Sullivan and Corey Byler Rew Lorenzen & Hojem LLP for respondent Powerline Ranch, LLC.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and DEITS, Judge pro tempore.

LANDAU, P.J.

At issue in this case is a decision of the Land Conservation and Development Commission (LCDC) approving a Umatilla County ordinance reducing the minimum parcel size for a 1,682-acre area of farmland from 160 acres to 40 acres. The purpose of the reduction, commonly known as a "go-below" amendment, is to allow for the creation of vineyards and related wineries. On judicial review, petitioners contend that LCDC erred in approving the go-below amendment...

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