Fern Hollow Farms, Inc. v. Linn County

Development rights conferred by an authorization under section 6 of Measure 49 are not subject to “a land use regulation enacted by the state or county that has the effect of prohibiting the partition or subdivision, or the dwelling.” Measure 49, § 6(8).

Fern Hollow Farms applied to develop their property after they were granted three “home site approvals” under Ballot Measure 49. The County denied the applications, contending that the Linn County Code (LCC) authorized-unit-of-land requirements prohibit partition or development of the subject property regardless of the Measure 49 authorization. Fern Hollow Farms assigned error to the judgment affirming the County’s decision, arguing that the Measure 49 authorization allows them to partition and develop the land regardless of the authorized-unit-of-land requirements. Development rights conferred by an authorization under section 6 of Measure 49 are not subject to “a land use regulation enacted by the state or county that has the effect of prohibiting the partition or subdivision, or the dwelling.” Measure 49, § 6(8). The Court concluded that Measure 49’s text, viewed in context, demonstrates that this authorization supersedes the authorized-unit-of-land requirements of the LCC. Local governments cannot apply land use regulations that did not exist during the first phase of Measure 49 authorization to prohibit development awarded during the second phase, where a county is to consider whether development standards for local governments are satisfied, because the determinations made in the first phase are final. Reversed and remanded.