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GRABHORN, INC. v. WASHINGTON COUNTY

C104772CV; A148314.

297 P.3d 524 (2013)

255 Or. App. 369

GRABHORN, INC., an Oregon corporation, Plaintiff-Appellant, v. WASHINGTON COUNTY, a municipal corporation, Defendant-Respondent.

Court of Appeals of Oregon.

Decided February 21, 2013.

Attorney(s) appearing for the Case

Wendie L. Kellington , Lake Oswego, argued the cause for appellant. On the opening brief were Jeffrey M. Batchelor , Kerry J. Shepherd , Dallas S. DeLuca , and Markowitz, Herbold, Glade & Mehlhaf, P.C. With her on the reply brief were Kerry J. Shepherd , Dallas S. DeLuca , and Markowitz, Herbold, Glade & Mehlhaf, P.C.

Alan A. Rappleyea , County Counsel, argued the cause for respondent. With him on the brief was Office of Washington County Counsel.

Before ARMSTRONG, Presiding Judge, and SERCOMBE, Judge, and NORBY, Judge pro tempore.

NORBY, J., pro tempore.

Plaintiff Grabhorn, Inc. (Grabhorn) appeals a trial court judgment that dismissed its claims for declaratory and injunctive relief, on the ground that the claims sought a land use decision over which the court lacked jurisdiction. Grabhorn's claims sought clarification about the applicability of a land use compatibility statement (LUCS) issued by Washington County in 1991 to a 2010 Department of Environmental Quality (DEQ) Application for a...

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