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WESTERN LAND & CATTLE v. UMATILLA COUNTY

2008144; A141408.

214 P.3d 68 (2009)

230 Or. App. 202

WESTERN LAND & CATTLE, INC.; and Pliska Investments, LLC., Petitioners, v. UMATILLA COUNTY and Flying J, Inc., Respondents.

Court of Appeals of Oregon.

Decided August 5, 2009.

Attorney(s) appearing for the Case

E. Michael Connors, Portland, argued the cause for petitioners. With him on the brief was Davis Wright Tremaine LLP.

Roger A. Alfred, Portland, argued the cause for respondent Flying J, Inc. With him on the brief were Michael C. Robinson, Corinne S. Celko, and Perkins Coie LLP.

No appearance for respondent Umatilla County.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.

SERCOMBE, J.

Petitioners seek review of an opinion and order of the Land Use Board of Appeals (LUBA). LUBA affirmed in part and remanded a land use decision of Umatilla County (county). The county decision approved a conditional use permit for the operation of a "travel plaza" on property owned by respondent Flying J, Inc. (respondent) adjacent to a federal interstate highway. The permit for the travel plaza authorized operation of automotive and truck fuel stations...

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