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ROOT v. KLAMATH COUNTY

2013008; A155037.

320 P.3d 631 (2014)

260 Or. App. 665

James ROOT and Valerie Root, Petitioners, v. KLAMATH COUNTY; and JWTR, LLC, Respondents.

Court of Appeals of Oregon.

Decided January 23, 2014.

Attorney(s) appearing for the Case

Gregory S. Hathaway argued the cause for petitioners. With him on the brief were E. Michael Connors and Hathaway Koback Connors LLP.

Seth J. King argued the cause for respondent JWTR, LLC. With him on the brief were Michael C. Robinson and Perkins Coie LLP.

No appearance for respondent Klamath County.

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

LAGESEN, J.

Petitioners seek judicial review of a final order of the Land Use Board of Appeals (LUBA) affirming an amendment by Klamath County to its comprehensive plan and zoning maps. The amendment added approximately 68,302 acres owned by intervenor-respondent JWTR, LLC to the county's Destination Resort Overlay (DRO) map of eligible lands. We affirm in part and reverse and remand in part.

I. BACKGROUND

The facts pertinent to our review are not...

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