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60 Or. App. 324

Benton County v. Vincent

Court of Appeals of Oregon

Decided November 17, 1982

Court of Appeals of Oregon · decided 1982-11-17

Decided 1982-11-17

PER CURIAM.

¶1Benton County granted a conditional use permit to Newmans to operate a rock quarry. Respondents, who live near the rock quarry, appealed to the Land Use Board of Appeals (LUBA), contending, inter alia, that the county had misinterpreted the relevant ordinance in granting the permit. LUBA agreed and remanded to the county for reconsideration in light of LUBA’s interpretation of the ordinance. The county appeals, contending that its interpretation of the ordinance is correct. Respondents cross-appeal, contending LUBA should have simply reversed and not allowed further consideration.

¶2After LUBA’s decision, the county amended the relevant ordinance. Both parties agree that the issues addressed by LUBA will not arise on remand under the new ordinance. It is unnecessary therefore to address either of the parties contentions.

¶3Affirmed.

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