WETHERELL v. DOUGLAS COUNTY

2009094; A144101.

230 P.3d 976 (2010)

235 Or. App. 246

Shelley WETHERELL, Robin Wisdom, Gerald Wisdom, and Rich Holcomb, Respondents, v. DOUGLAS COUNTY, Respondent, and Garden Valley Estates, LLC, Petitioner.

Court of Appeals of Oregon.

Decided May 12, 2010.


Attorney(s) appearing for the Case

Zack P. Mittge, Eugene, argued the cause for petitioner. With him on the brief was Hutchinson, Cox, Coons, DuPriest, Orr & Sherlock, P.C.

Barbee B. Lyon, Portland, argued the cause for respondents Shelley Wetherell, Robin Wisdom, Gerald Wisdom, and Rich Holcomb. With him on the brief was Tonkon Torp LLP.

Harry B. Wilson, Assistant Attorney General, argued the cause amicus curiae for Department of Land Conservation and Development. With him on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

No appearance for respondent Douglas County.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and DUNCAN, Judge.


HASELTON, P.J.

Petitioner Garden Valley Estates, LLC (Garden Valley) seeks judicial review of an order of the Land Use Board of Appeals (LUBA) in which LUBA reversed the county's plan amendment and zone change concerning a 259-acre parcel. On review, Garden Valley contends that, because the 590-acre ranch (of which the 259-acre parcel had been a part) could not be profitably grazed and, for that reason, was not a "farm unit," LUBA erred in determining that...

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