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FERN HOLLOW FARMS, INC. v. LINN COUNTY

A175675.

518 P.3d 142 (2022)

321 Or. App. 783

FERN HOLLOW FARMS, INC., Plaintiff-Appellant, v. LINN COUNTY, Defendant-Respondent, and L&O Farms, LLC; Brad Silbernagel; and Lisa Silbernagel, Intervenors Defendants-Respondents.

Court of Appeals of Oregon.

September 21, 2022.

Attorney(s) appearing for the Case

Bill Kloos , Eugene, argued the cause for appellant. Also on the briefs were Aaron J. Noteboom and Noteboom Law LLC.

Donald M. Kelley , Silverton, argued the cause for respondents L&O Farms, LLC, Brad Silbernagel, and Lisa Silbernagel. Also on the brief was Kelley & Kelley.

Kevan J. McCulloch waived appearance for respondent Linn County.

Before James, Presiding Judge, and Lagesen, Chief Judge, and Joyce, Judge.

Plaintiff, Fern Hollow Farms, Inc., owns property for which, pursuant to Ballot Measure 49 (2007), the Department of Land Conservation and Development (DLCD) granted three "home site approvals," Measure 49, section 6(1), in a final order issued in 2010. In 2019, plaintiff applied to Linn County to develop its property pursuant to that...

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