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HOFFMAN v. DESCHUTES COUNTY

2009061, 2009062; A145693.

240 P.3d 79 (2010)

237 Or. App. 531

Eric HOFFMAN and Ronna Hoffman, Petitioners, v. DESCHUTES COUNTY, Respondent, and Mark Latham Excavation, Inc., Respondent. Mark Latham Excavation, Inc., Respondent, v. Deschutes County, Respondent, and Eric Hoffman and Ronna Hoffman, Petitioners.

Court of Appeals of Oregon.

Decided September 29, 2010.

Attorney(s) appearing for the Case

Paul D. Dewey , Bend, argued the cause and filed the brief for petitioners.

Laurie E. Craghead argued the cause and filed the brief for respondent Deschutes County.

Bruce W. White , Bend, argued the cause and filed the brief for respondent Mark Latham Excavation, Inc.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Judge.

ROSENBLUM, J.

Petitioners seek review of a Land Use Board of Appeals (LUBA) decision that affirmed Deschutes County's interpretation of its own code provisions regarding mining near "dust-sensitive uses" and "noise-sensitive uses." Those provisions, petitioners contend, protect petitioners' entire parcel rather than simply a residence on their property. The county, however, interpreted the "dust-sensitive use" and "noise-sensitive...

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