Tarr v. Multnomah County

Under ORS 215.441, “[t]he legislature intended to require counties to allow the reasonable use of land for customary religious activities, if the land is located in an area in which state law and local zoning law allow for a place of worship."

Petitioners appealed the Land Use Board of Appeals decision “approving interveners’ application to build a proposed mosque.” Petitioners assigned error to the “determination that the proposed mosque satisfied the compatibility standard.” Respondents—interveners and Multnomah County—contend that the compatibility standard was met. Additionally, Respondents argue that under ORS 215.441 petitioners are precluded from applying “the county’s compatibility standard to proposed places of worship.” Under ORS 215.441, “[t]he legislature intended to require counties to allow the reasonable use of land for customary religious activities, if the land is located in an area in which state law and local zoning law allow for a place of worship." The Court found that LUBA made the correct decision in allowing the mosque. Affirmed on petition; cross-petition dismissed as moot.