Friends of Yamhill County v. Yamhill County

In a specialized zoning context, "'incidental and subordinate to' means more than that the accessory use occurs less frequently than the primary use," and in statutory context, ORS 215.283(4)(d) was intended to spark a comparison on the nature, intensity, and economic value of proposed agri-tourism events rather than solely relying on frequency of activities.

Petitioners sought judicial review of a Land Use Board of Appeals (LUBA) final order.  Petitioners assigned error to LUBA's determination that beer-tasting events qualified as "incidental and subordinate" agri-tourism events under ORS 215.283(4)(d).  Petitioners argued that that the county improperly understood the requirements of ORS 215.283 and simply compared the number of tasting event days to the number of farming days "without evaluating 'the respective intensity or economic impact' of the activities compared to a 'silently growing nut crop which does not require catering or entertainment,'" and that LUBA misconstrued their argument and made an error of law through its interpretation of the statute.  Neither the brewery nor the county filed a response.  In a specialized zoning context, "'incidental and subordinate to' means more than that the accessory use occurs less frequently than the primary use," and in statutory context, ORS 215.283(4)(d) was intended to spark a comparison on the nature, intensity, and economic value of proposed agri-tourism events rather than solely relying on frequency of activities.  The Court held that LUBA erred in affirming the determination that the agri-tourism events were valid by focusing on the plain meaning of the phrase "incidental and subordinate" to the exclusion of other relevant factors.  Reversed and remanded.