McKAY CREEK VALLEY v. WASHINGTON COUNTY

LUBA 91-191; CA A74563.

834 P.2d 482 (1992)

114 Or. App. 95

McKAY CREEK VALLEY ASSOCIATION, Respondent, v. WASHINGTON COUNTY, Respondent, and Lane Blakeslee and Mary Blakeslee, Petitioners.

Court of Appeals of Oregon.

Decided July 8, 1992.


Attorney(s) appearing for the Case

David B. Smith, Tigard, argued the cause and filed the brief, for petitioners.

F. Blair Batson, Portland, argued the cause and filed the brief, for respondent McKay Creek Valley Ass'n.

David C. Noren, Asst. County Counsel, Hillsboro, waived appearance, for respondent Washington County.

Before ROSSMAN, P.J., and EDMONDS and DE MUNIZ, JJ.


ROSSMAN, Presiding Judge.

Petitioners1 seek review of LUBA's reversal of Washington County's approval of their application to build a farm dwelling in a resource zone. The approval standard that petitioners contended, and that the county concluded that their application satisfied, was a zoning ordinance provision permitting a farm dwelling on a parcel that "is planted in peren[n]ials capable of producing upon harvest, an average of at...

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