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PHILLIPS v. POLK COUNTY

2006133, 2006134, 2006135; A134575.

162 P.3d 338 (2007)

213 Or. App. 498

Kathryn Jane PHILLIPS, Respondent, Cross-Respondent, v. POLK COUNTY, Petitioner, Cross-Respondent, and Richard Moore and Nicole Moore, Respondents, Cross-Petitioners.

Court of Appeals of Oregon.

Decided June 27, 2007.

Attorney(s) appearing for the Case

David Doyle, Dallas, argued the cause and filed the brief for petitioner-cross-respondent.

Jannett Wilson argued the cause and filed the brief for respondent-cross-respondent.

Daniel A. Terrell argued the cause for respondents-cross-petitioners. With him on the brief was Law Office of Bill Kloos, PC.

Before SCHUMAN, Presiding Judge, and EDMONDS and ORTEGA, Judges.

EDMONDS, J.

This case is about whether state land use laws permit a county, through the procedure of a lot line adjustment, to avoid minimum parcel sizes required by state statute. Polk County and the Moores seek judicial review after the Land Use Board of Appeals (LUBA) reversed the county's decision to approve property line adjustments regarding property owned by the Moores and to approve a farm dwelling on a 160-acre parcel that is the result of those adjustments...

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