Friends of the Creek v. Jackson County

No. A107771 (Or. Ct. App. January 26, 2000)

ELR Digest

The court upholds the decision of a land use board that remanded a county's decision to allow a city-run wastewater treatment plant to operate on land zoned for exclusive farm use (EFU). The county approved the use as one that is permitted outright on land zoned for EFU. The court first holds that contrary to the county's finding, state statutes required the proposed use to be permitted. The court then holds that whether or not the proposed use was permissible under state statutes could not be decided without a factual determination made at a hearing on remand.

The full text of this decision is available from ELR (3 pp., ELR Order No. L-171).

Counsel for Respondent
Gregory S. Hathaway
Davis, Wright & Tremaine
2300 First Interstate Tower
1300 SW 5th Ave., Portland OR 97201
(503) 241-2300

Counsel for Petitioner
Edward J. Sullivan
Preston, Gates & Ellis
1400 Koin Tower
222 SW Columbia St., Portland OR 97201
(503) 228-3200

[30 ELR 20313]

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]