FILED: September 29, 2010

IN THE COURT OF APPEALS OF THE STATE OF OREGON

ERIC HOFFMAN
and RONNA HOFFMAN,

Petitioners,

v.

DESCHUTES COUNTY,

Respondent,

and

MARK LATHAM EXCAVATION, INC.,

Respondent.

Land Use Board of Appeals
2009061

MARK LATHAM EXCAVATION, INC.,

Respondent,

v.

DESCHUTES COUNTY,

Respondent,

and

ERIC HOFFMAN
and RONNA HOFFMAN,

Petitioners.

Land Use Board of Appeals
2009062
A145693

Argued and submitted on July 22, 2010.

Paul D. Dewey argued the cause and filed the brief for petitioners.

Laurie E. Craghead argued the cause and filed the brief for respondent Deschutes County.

Bruce W. White argued the cause and filed the brief for respondent Mark Latham Excavation, Inc.

Before Schuman, Presiding Judge, and Wollheim, Judge, and Rosenblum, Judge.

ROSENBLUM, J.

Affirmed.

ROSENBLUM, J.

Petitioners seek review of a Land Use Board of Appeals (LUBA) decision that affirmed Deschutes County's interpretation of its own code provisions regarding mining near "dust-sensitive uses" and "noise-sensitive uses."