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McPHILLIPS FARM, INC. v. YAMHILL COUNTY

2012027; A152964.

300 P.3d 299 (2013)

256 Or. App. 402

McPHILLIPS FARM, INC.; Helen Pritchett, Trustee of the Edward L. Pritchert Family Trust; Carl L. Bergstrom; and Linda J. Bergstrom, Petitioners, v. YAMHILL COUNTY; and Riverbend Landfill Company, Inc., Respondents.

Court of Appeals of Oregon.

Decided April 24, 2013.

Attorney(s) appearing for the Case

William K. Kabeiseman , Portland, argued the cause for petitioners. With him on the brief was Garvey Schubert Barer .

Tommy A. Brooks , Portland, argued the cause for respondent Riverbend Landfill Company, Inc. With him on the brief were James E. Benedict and Cable Huston Benedict Haagensen & Lloyd LLP.

No appearance for respondent Yamhill County.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and HADLOCK, Judge.

SERCOMBE, J.

The Land Use Board of Appeals (LUBA) has exclusive review authority over "land use decision[s]" made by local governments, state agencies, and special districts. ORS 197.825(1). This case concerns whether LUBA properly dismissed its review of a land use compatibility statement (LUCS) issued by Yamhill County certifying that a proposed state agency permit to construct a landfill berm was compatible with county land use laws. Petitioners sought a determination...

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