CHERRY LANE, INC. v. BOARD OF COUNTY COMM.

85-1456-NJ-2; CA A38237.

733 P.2d 488 (1987)

84 Or.App. 196

CHERRY LANE, INC., an Oregon Corporation, Respondent, v. BOARD OF COUNTY COMMISSIONERS, Jackson County, Oregon, Appellants.

Court of Appeals of Oregon.

Decided March 4, 1987.

Reconsideration Denied April 24, 1987.


Attorney(s) appearing for the Case

E.R. Bashaw and Wendie L. Kellington, Medford, argued the cause and filed the briefs for appellants.

Diane Spies, Portland, argued the cause for respondent. With her on the brief was Diane Spies and Associates, P.C., Portland.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.


VAN HOOMISSEN, Judge.

This is a mandamus action. The trial court ordered Jackson County to approve Cherry Lane, Inc.'s application to partition land for residential use in an exclusive farm use (EFU) zone. The county appeals. We hold that, because Cherry Lane did not first seek county approval for non-farm dwellings on the land, approval would violate the county's comprehensive plan and land use regulations.

On November 6, 1984, Cherry Lane applied to the...

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