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MARK LATHAM EXCAVATION v. DESCHUTES COUNTY

2011078; A150685 (Control), A150693.

281 P.3d 644 (2012)

250 Or. App. 543

MARK LATHAM EXCAVATION, INC., Respondent, v. DESCHUTES COUNTY, Eric Hoffman, Ronna Hoffman, Sanders Nye, and Cascades Academy of Central Oregon, Petitioners, and Oregon Parks and Recreation Department and Danielle Nye, Intervenors-Respondents below.

Court of Appeals of Oregon.

Decided June 20, 2012.

Attorney(s) appearing for the Case

Laurie E. Craghead argued the cause for petitioners and filed the brief for petitioner Deschutes County. With her on the brief were Paul D. Dewey for petitioners Eric Hoffman and Ronna Hoffman, and Michael H. McGean for petitioners Sanders Nye and Cascades Academy of Central Oregon.

Bruce W. White , Bend, argued the cause and filed the brief for respondent.

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

NAKAMOTO, J.

Deschutes County, Eric and Ronna Hoffman, Sanders Nye, and Cascades Academy of Central Oregon (collectively, respondents) seek judicial review of a final opinion and order of the Land Use Board of Appeals (LUBA), in which LUBA remanded a land use decision of Deschutes County.1 The county's decision granted petitioner, Mark Latham Excavation, Inc., site plan and conditional use approval...

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