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FRIENDS OF YAMHILL CTY. v. YAMHILL COUNTY

2012005; A152666.

298 P.3d 586 (2013)

255 Or. App. 636

FRIENDS OF YAMHILL COUNTY, James Kruetzbender, Thomas Abrego, and Ellen Abrego, Petitioners, and Oregon Department of Agriculture, Intervenor-Petitioner below, v. YAMHILL COUNTY; Bill Stoller; Stoller Vineyards, Inc.; and Red Hills Farm, LLC, Respondents.

Court of Appeals of Oregon.

Decided March 19, 2013.

Attorney(s) appearing for the Case

Jennifer M. Bragar , argued the cause for petitioners. With her on the brief were William K. Kabeiseman , and Garvey Schubert Barer .

Michael J. Gelardi , Portland, argued the cause for respondents. With him on the brief were Davis Wright Tremaine LLP, and Rick Sanai .

Before ARMSTRONG, Presiding Judge, and DUNCAN, Judge, and BREWER, Judge Pro Tempore.

ARMSTRONG, P.J.

Petitioners seek judicial review of a final order of the Land Use Board of Appeals (LUBA). LUBA's order affirmed Yamhill County's approval of respondent Stoller's1 application for a conditional-use permit to construct a new building-including a tasting room, commercial kitchen, storage, and staff offices — and to host up to 44 events (with meal service) each year — on the Stoller Vineyards property, which...

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