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PAPWORTH v. OREGON DLCD

C103764CV; A148790.

296 P.3d 632 (2013)

255 Or. App. 258

David PAPWORTH, Petitioner-Appellant, v. OREGON DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT, a department of the State of Oregon; and Lorelei Lewis, Respondents-Respondents.

Court of Appeals of Oregon.

Decided February 13, 2013.

Attorney(s) appearing for the Case

William K. Kabeiseman , Portland, argued the cause for appellant. With him on the opening brief was Garvey Schubert Barer . With him on the reply brief were Jennifer Bragar and Garvey Schubert Barer .

Stephanie L. Striffler , Senior Assistant Attorney General, argued the cause for respondent Oregon Department of Land Conservation and Development. With her on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

Mark L. Huglin , Portland, argued the cause for respondent Lorelei Lewis. With him on the brief was Draneas & Huglin, P.C.

Before ARMSTRONG, Presiding Judge, and DUNCAN, Judge, and BREWER, Judge pro tempore.

DUNCAN, J.

Pursuant to Ballot Measure 49 (2007), Lorelei Lewis (claimant) sought approval from the Department of Land Conservation and Development (DLCD) for three total home sites on her property in Washington County. DLCD issued an order approving three total home sites, including the dwelling already established on the property. David Papworth (petitioner), a neighboring property owner, sought judicial review of the order in Washington County Circuit Court. The...

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