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OR. DEP'T OF FISH & WILDLIFE v. CROOK CTY.

A176344.

504 P.3d 68 (2021)

315 Or. App. 625

OREGON DEPARTMENT OF FISH AND WILDLIFE, Respondent, v. CROOK COUNTY and West Prineville Solar Farm, LLC, Petitioners.

Court of Appeals of Oregon.

November 17, 2021.

Attorney(s) appearing for the Case

John R. Eisler argued the cause and filed the brief for petitioner Crook County.

Merissa A. Moeller , Portland, argued the cause for petitioner West Prineville Solar Farm, LLC. Also on the brief were Timothy L. McMahan , Crystal S. Chase , Max M. Yoklic , and Stoel Rives LLP.

Denise G. Fjordbeck , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

John Maxwell Greene filed the brief amicus curiae for Renewable Northwest.

Damien R. Hall and Ball Janik LLP, and Elaine R. Albrich and Davis Wright Tremaine LLP filed the brief amicus curiae for Oregon Solar Energy Industries Association.

Ellen H. Grover , Megan K. Beshai , and Karnopp Petersen LLP filed the brief amicus curiae for Community Renewable Energy Association.

Before Tookey, Presiding Judge, and James, Judge, and Aoyagi, Judge.

Petitioner West Prineville Solar Farm, LLC (Solar Farm) applied to petitioner Crook County for approval of a modification to an existing conditional use permit (CUP) for a solar photovoltaic facility, seeking to increase the facility size from 320 acres to 654 acres on nonarable land. Solar Farm's permit-modification application was made...

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