BILLINGTON v. POLK COUNTY, 68 Or. App. 914 (1984)

683 P.2d 568

BILLINGTON et al, Respondents, v. POLK COUNTY, Petitioner.

83-072; CA A31169Oregon Court of Appeals.Argued and submitted April 11, 1984 Reversed and remanded with instructions to dismiss petition June 27, 1984 Reconsideration denied August 17, 1984
Petition for review allowed September 5, 1984

Judicial Review from Land Use Board of Appeals.

Michael F. Najewicz, Polk County Legal Counsel, Dallas, argued the cause and filed the brief for petitioner.

No appearance for respondents.

Before Richardson, Presiding Judge, and Warden and Newman, Judges.

PER CURIAM

Reversed and remanded with instructions to dismiss the petition.

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PER CURIAM

Polk County appeals from an order of LUBA that remanded the county’s partial road vacation for further proceedings. The only issue is whether the county’s action is a “land use decision” reviewable by LUBA. ORS 197.015(10). LUBA answered that question affirmatively, with one referee dissenting. We agree with the approach taken in the dissenting opinion of Referee Kressel and agree with his proposed result.

Reversed and remanded with instructions to dismiss the petition.

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