Legal Opinion

Murphy Citizens Advisory Committee v. Josephine County

Court of Appeals of Oregon

Decided October 6, 1993No. 93-234; CA A80513PublishedCited by 5 opinions

1Opinion of the Court

*541EDMONDS, J.

Petitioner seeks review of the dismissal of its appeal to LUBA on the basis of lack of jurisdiction. LUBA held that there was not an appealable land use decision before it. We reverse.

In January, 1992, Copeland Sand & Gravel, Inc. (Copeland) filed its application for a land use permit to conduct industrial operations on property in Josephine County. The Board of County Commissioners held a final hearing in September, 1992, on the application and continued the proceeding for the sole purpose of making a final decision. Copeland brought a mandamus action one day before the date…

2Cases cited5 opinions

  1. State v. TrenaryOregon Supreme Court · 1993
  2. Simon v. Board of County CommissionersCourt of Appeals of Oregon · 1988
  3. Edney v. Columbia County Board of CommissionersCourt of Appeals of Oregon · 1993
  4. Wallace v. Board of County CommissionersCourt of Appeals of Oregon · 1991
  5. Bigej Enterprises v. Tillamook CountyCourt of Appeals of Oregon · 1993

3Cited by5 opinions

  1. Murphy Citizens Advisory Committee v. Josephine CountyOregon Supreme Court · 1997
  2. Murphy Citizens Advisory Committee v. Josephine CountyOregon Supreme Court · 1994
  3. Murphy Citizens Advisory Committee v. Josephine CountyCourt of Appeals of Oregon · 1995
  4. Dept. of Land Conservation v. Benton CountyCourt of Appeals of Oregon · 1994
  5. Murphy Citizens Advisory Committee v. Josephine CountyCourt of Appeals of Oregon · 1993

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