HERRING v. LANE COUNTY

2006203; A136155.

171 P.3d 1025 (2007)

216 Or. App. 84

Mark HERRING, Leslie Hildreth, Jesse Ulloa, and Joanne Ulloa, Petitioners, v. LANE COUNTY, Respondent.

Court of Appeals of Oregon.

Decided November 7, 2007.


Attorney(s) appearing for the Case

Jannett Wilson argued the cause for petitioners. With her on the brief was Goal One Coalition.

H. Andrew Clark argued the cause for respondent. With him on the brief were Stephen L. Vorhes and Lane County Office of Legal Counsel.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.


HASELTON, P.J.

Petitioners seek review of a LUBA decision affirming respondent Lane County's amendment of its Rural Comprehensive Plan to change the designation of certain property from "agricultural" to "marginal land." As explained below, although we agree with some aspects of LUBA's decision, we conclude that the case must be remanded to the county due to its erroneous calculation, pursuant to ORS 197.247(1)(a) (1991), of whether the property was part of a forest...

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