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FOLAND v. JACKSON COUNTY

2009109, 2009112, 2009113; A145890.

243 P.3d 830 (2010)

239 Or. App. 60

Paul E. FOLAND, Respondent Cross-Petitioner, and Constance J. Foland, Respondent, v. JACKSON COUNTY, Respondent below, and Oregon Department of Transportation, Petitioner Cross-Respondent. Daniel Folliard, James Mcintosh, Lois Langlois, Dan Baty, John Easter, and Michael Bianco, Respondents, v. Jackson County, Respondent below, and Oregon Department of Transportation, Petitioner. Allen Baker, John Weisinger, Steven Stolzer, Jean Morgan, Michael Morgan, Suzanne Frey, and Gail Zaro, Respondents, v. Jackson County, Respondent below, and Oregon Department of Transportation, Petitioner.

Court of Appeals of Oregon.

Decided November 24, 2010.

Attorney(s) appearing for the Case

Karla H. Ferrall , Assistant Attorney General, argued the cause for petitioner-cross-respondent. With her on the briefs were John R. Kroger , Attorney General, and David B. Thompson , Interim Solicitor General.

Anne C. Davies argued the cause and filed the brief for respondents and respondent-cross-petitioner.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and DUNCAN, Judge.

HASELTON, P.J.

Petitioner Oregon Department of Transportation (ODOT) seeks judicial review, and respondent Paul Foland cross-petitions for judicial review, of an order of the Land Use Board of Appeals (LUBA) in which LUBA remanded Jackson County's decision approving ODOT's application to site an interstate highway rest area and welcome center on land that is zoned for exclusive farm use and is approximately 500 feet south of the urban

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