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Legal Opinion

Wallace v. Board of County Commissioners

Court of Appeals of Oregon

Decided January 23, 1991No. 88-382-CV; CA A62763PublishedCited by 7 opinions

1Opinion of the CourtEdmonds, J.

The Board of County Commissioners of Klamath County (county) appeals and intervenors cross-appeal a peremptory writ of mandamus requiring county to issue a conditional use permit. We reverse.

Petitioners Wallace own a 40-acre tract of land in Klamath County. On July 1, 1988, they applied for a conditional use permit for an aggregate mining quarry on the parcel. On July 25, 1988, the county planning staff issued a report that said, “[petitioners’ application for a mineral extraction site conforms to the relevant Klamath County/State Policies/ Goals.” County conducted hearings on the…

2Cases cited3 opinions

  1. Parks v. BOARD OF CTY. COM'RS OF TILLAMOOK CTY.Court of Appeals of Oregon · 1972
  2. Hudelson v. Sanders-Swafford Co.Oregon Supreme Court · 1924
  3. Samuels v. HubbardCourt of Appeals of Oregon · 1984

3Cited by7 opinions

  1. State Ex Rel. Aspen Group, Inc. v. Washington County Board of CommissionersCourt of Appeals of Oregon · 1997
  2. State Ex Rel. Compass Corp. v. City of Lake OswegoCourt of Appeals of Oregon · 1995
  3. Murphy Citizens Advisory Committee v. Josephine CountyCourt of Appeals of Oregon · 1993
  4. State ex rel. Lowell v. EadsCourt of Appeals of Oregon · 1999
  5. Murphy Citizens Advisory Committee v. Josephine CountyCourt of Appeals of Oregon · 1993

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