DEXTER LOST VALLEY COMMUNITY v. LANE COUNTY

2012044; A152839.

300 P.3d 1243 (2013)

255 Or. App. 701

DEXTER LOST VALLEY COMMUNITY ASSOCIATION, Petitioner, v. LANE COUNTY; ATR Land, LLC; Leelynn, Inc.; and Wiley Mt., Inc., Respondents.

Court of Appeals of Oregon.

Decided March 20, 2013.


Attorney(s) appearing for the Case

Daniel J. Stotter argued the cause for petitioner. With him on the brief was Stotter & Associates LLC.

Bill Kloos and Law Office of Bill Kloos, PC, filed the brief for respondents ATR Land, LLC, Leelynn, Inc., and Wiley Mt., Inc.

Stephen E. Dingle waived appearance for respondent Lane County.

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


SCHUMAN, P.J.

Intervenors applied to Lane County for a permit to build a bridge. Petitioner unsuccessfully opposed the application and then appealed the county's adverse decision to the Land Use Board of Appeals (LUBA). Lane County submitted the record in the case to LUBA. Subsequently, after receiving petitioner's petition for LUBA review, the county filed a motion for a voluntary remand, relying on LUBA's longstanding practice of permitting a local government to...

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