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CONRADY v. LINCOLN COUNTY

111143, A150995.

316 P.3d 413 (2013)

260 Or. App. 115

Gerald Alex CONRADY, Plaintiff-Appellant, and Kathy Ann Conrady, Plaintiff, v. LINCOLN COUNTY, Defendant-Respondent.

Court of Appeals of Oregon.

Decided December 18, 2013.

Attorney(s) appearing for the Case

Russell L. Baldwin , Depoe Bay, argued the cause and filed the briefs for appellant.

Kristin H. Yuille , Newport, argued the cause and filed the brief for respondent.

Before DUNCAN, Presiding Judge, and HASELTON, Chief Judge, and ARMSTRONG, Judge.

DUNCAN, P.J.

Under Lincoln County's zoning regulations, a "firearms training facility" is allowed as a conditional use within areas zoned for timber conservation, and a property owner who wishes to establish a firearms training facility in such an area must apply for a conditional use permit. The question in this case is whether that permit requirement is preempted under state law — more specifically, under ORS 166.170, ORS 166.171, and ORS 166.176, three statutes...

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