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WELCH v. YAMHILL COUNTY

2008129, A140952.

206 P.3d 1213 (2009)

228 Or. App. 124

Karol Susan WELCH, Beverly Davis, and Friends of Yamhill County, Respondents, and State of Oregon, by and through the Department of Land Conservation and Development, Intervenor-Respondent, v. YAMHILL COUNTY, Respondent, and John Kroo, Trustee of the Kroo Living Trust, Petitioner.

Court of Appeals of Oregon.

Decided April 29, 2009.

Attorney(s) appearing for the Case

Samuel R. Justice, McMinnville, argued the cause for petitioner. With him on the brief was Haugeberg, Rueter, Gowell, Fredricks, Higgins & McKeegan, P.C.

Jeffrey L. Kleinman, Portland, argued the cause and filed the brief for respondents Karol Susan Welch, Beverly Davis, and Friends of Yamhill County.

Stephanie L. Striffler, Senior Assistant Attorney General, argued the cause for intervenor-respondent. With her on the brief were John R. Kroger, Attorney General, and Erika L. Hadlock, Acting Solicitor General.

No appearance for respondent Yamhill County.

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

HASELTON, P.J.

Yamhill County approved petitioner's subdivision application, which was predicated on his Measure 37 waivers.1 The Land Use Board of Appeals (LUBA) reversed the county's approval, and petitioner seeks judicial review of LUBA's order. We affirm.

We take the facts from LUBA's order:

"The subject property is zoned Agriculture/Forestry (AF-20). The county's AF-20 zone...

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