Overfield is appealing the hearings examiner decision to theMarion County Board of Commissioners. The board will decide Sept. 6whether to hear the appeal.

At question is whether the 26-acre Silverton Airport at thenorth end of Airport Road NE is exempt from exclusive farm-usezoning. The zoning was passed to promote the continuation ofcommercial agriculture.

To pass the test, Shipman is charged with proving it was in usewhen the zoning came into effect in 1979 and continued to be in useafter that. But while the site was found by the examiner to be apersonal use airport in 1979, it was essentially abandoned in 1981,according to county records.

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