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DESCHUTES COUNTY v. PINK PIT, LLC

A163541.

475 P.3d 910 (2020)

306 Or. App. 563

DESCHUTES COUNTY, a political subdivision of the State of Oregon, Plaintiff-Appellant, v. PINK PIT, LLC, an Oregon limited liability company; and Mark Latham Excavation, Inc., an Oregon corporation, dba Latham Excavation, Defendants-Respondents.

Court of Appeals of Oregon.

September 23, 2020.

Attorney(s) appearing for the Case

John E. Laherty , Bend, argued the cause and filed the briefs for appellant.

Michael W. Peterkin , Bend, argued the cause for respondents. Also on the brief was Peterkin & Associates.

Before DeHoog, Presiding Judge, and Egan, Chief Judge, and Aoyagi, Judge.

Deschutes County appeals from a judgment for defendants Pink Pit, LLC, and Mark Latham Excavation, Inc. (Latham), dismissing the county's code enforcement action against defendants and granting defendants' request for a declaration that defendants' mining operation is a "lawful non-conforming use" under ORS 215.130(5) and not subject...

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