1000 FRIENDS OF OREGON v. CLACKAMAS COUNTY

2003-129; A123907.

94 P.3d 160 (2004)

194 Or.App. 212

1000 FRIENDS OF OREGON, Respondent-Cross-Petitioner, v. CLACKAMAS COUNTY, Respondent-below, and Molalla Christian Church, Petitioner-Cross-Respondent, and Department of Land Conservation and Development, Intervenor.

Court of Appeals of Oregon.

Decided July 19, 2004.


Attorney(s) appearing for the Case

David J. Hunnicutt, Tigard, argued the cause for petitioner-cross-respondent. On the brief were Oregonians in Action Legal Center, and Ross A. Day. On the reply brief were Ross A. Day and David J. Hunnicutt.

Edward J. Sullivan, Portland, argued the cause and filed the brief for respondent-cross-petitioner. With him on the brief were Carrie A. Richter and Garvey Schubert Barer.

Denise Fjordbeck, Assistant Attorney General, argued the cause and filed the brief for intervenor. With her on the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Steven E. Shipsey, Assistant Attorney General.

Before EDMONDS, Presiding Judge, and SCHUMAN, Judge, and LEESON, Judge pro tempore.


SCHUMAN, J.

Molalla Christian Church requested the Clackamas County planning department to provide an interpretation of a Clackamas County ordinance that prohibited the construction of churches on land zoned for exclusive farm use and located within three miles of the urban growth boundary. In particular, the church asked whether the ordinance, if applied to a proposed new church, would violate the Religious Land Use and Institutionalized Persons Act (RLUIPA). The...

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