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SMITH v. CLACKAMAS COUNTY

LUBA 89-156; CA A65307.

797 P.2d 1058 (1990)

103 Or.App. 370

Mark R. SMITH, Petitioner, v. CLACKAMAS COUNTY and Jim Bisenius, Respondents.

Court of Appeals of Oregon.

Decided September 12, 1990.

Reconsideration Denied November 14, 1990.

Review Allowed December 4, 1990.

Attorney(s) appearing for the Case

Lawrence R. Derr, Portland, argued the cause and filed the brief, for petitioner.

Michael E. Judd, Chief Asst. County Counsel, Oregon City, argued the cause, for respondent Clackamas County. With him on brief, was Clackamas County Counsel, Oregon City.

Stephen J. Williams, Salem, argued the cause and filed the brief, for respondent Jim Bisenius.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

Petitioner owns and conducts farming operations on a 54-acre parcel in an exclusive farm use zone. LUBA affirmed Clackamas County's denial of his application to build a nonfarm dwelling on a seven-acre part of that parcel.1 He seeks review and we affirm. The county made its decision under a provision of its zoning ordinance that parallels ORS 215.283(3)(d)2 and denied

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