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TONQUIN HOLDINGS, LLC v. CLACKAMAS COUNTY

2011025; 2011026; A149553.

270 P.3d 397 (2012)

247 Or. App. 719

TONQUIN HOLDINGS, LLC, Petitioner, v. CLACKAMAS COUNTY, Friends of Rock Creek, Raindrops to Refuge, and Friends of the Tualatin River National Wildlife Refuge, Respondents. Friends of Rock Creek, Respondent, v. Clackamas County, Respondent, and Tonquin Holdings, LLC, Petitioner.

Court of Appeals of Oregon.

Decided January 25, 2012.

Attorney(s) appearing for the Case

Steven L. Pfeiffer , Portland, argued the cause for petitioner. With him on the brief were Seth J. King , and Perkins Coie LLP.

Erin Madden , Portland, argued the cause for respondents Friends of Rock Creek , Friends of the Tualatin River National Wildlife Refuge, and Raindrops to Refuge. With her on the brief was Cascadia Law P.C.

Stephen L. Madkour , Clackamas County Counsel, waived appearance for respondent Clackamas County.

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

NAKAMOTO, J.

Petitioner Tonquin Holdings, LLC, seeks review of an order of the Land Use Board of Appeals (LUBA) in two consolidated LUBA appeals. Petitioner asserts two assignments of error. Petitioner first contends that LUBA erred in upholding one of the conditions imposed by a county hearings officer in his approval of petitioner's proposed aggregate surface mining operation. Petitioner also contends that LUBA erred in overturning the hearings officer's determination...

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