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KAPLOWITZ v. LANE COUNTY

A163509.

398 P.3d 478 (2017)

285 Or.App. 764

Larry KAPLOWITZ and Karin Marcus, Respondents, v. LANE COUNTY, Respondent, and Charles Wiper, III, Petitioner. Charles Wiper, III, Petitioner, v. Lane County, Respondent, and Larry Kaplowitz and Karin Marcus, Respondents.

Court of Appeals of Oregon.

June 1, 2017.

Attorney(s) appearing for the Case

Aaron J. Noteboom , Eugene, argued the cause for petitioner. With him on the brief was Arnold Gallagher P. C.

Zachary P. Mittge argued the cause for respondents Larry Kaplowitz and Karin Marcus. On the brief were William H. Sherlock and Hutchinson Cox.

No appearance for respondent Lane County.

Before Sercombe, Presiding Judge, and DeHoog, Judge, and Haselton, Senior Judge.

The issue in this land use case is whether the Land Use Board of Appeals (LUBA) properly deferred to Lane County's interpretation of the meaning of "accessory" use and development as used in the county's forestland zoning regulation. Under ORS 197.829(1), LUBA must affirm a county's interpretation of its land use regulations unless...

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