CLARK v. JACKSON COUNTY

LUBA 94-004; CA A65380; SC S37566.

836 P.2d 710 (1992)

313 Or. 508

Murphy L. CLARK, Petitioner on Review, v. JACKSON COUNTY, Darrell Stanley and Eugene Stanley, Respondents on Review.

Supreme Court of Oregon, In Banc.

Decided July 9, 1992.


Attorney(s) appearing for the Case

Murphy L. Clark, petitioner on review pro se, argued the cause and filed the petition for review.

John R. Hassen, of Blackhurst, Hornecker, Hassen & Thorndike & Ervin B. Hogan, Medford, argued the cause for respondents on review Darrell Stanley and Eugene Stanley; with him on the responses to the petition was Daniel C. Thorndike. Also on the joint response was Arminda J. Brown, Jackson County Counsel, Medford, on behalf of respondent on review Jackson County.

Arminda J. Brown, Jackson County Counsel, Medford, argued the cause and filed a response for respondent on review Jackson County.


FADELEY, Justice.

Jackson County granted a conditional use permit for mining shale on a 40-acre portion of a 400-acre tract owned by the Stanleys. The entire tract was zoned Exclusive Farm Use (EFU) and used as livestock pasture. A county ordinance usually restricted granting of conditional use permits within an EFU zone to cases where the proposed use is to be situated on "generally unsuitable land" for agricultural purposes. The county interpreted its ordinance...

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