- Court: Oregon Land Use Board of Appeals
- Area(s) of Law: Land Use
- Date Filed: 10-12-2021
- Case #: 2021-108
- Judge(s)/Court Below: Ryan, Board Member; Zamudio, Board Chair; Rudd, Board Member, participated in the decision.
- Full Text Opinion
Petitioner appealed a decision by the Marion County board of commissioners that approved an application for rezoning the property from Primary Agriculture (PA) and Exclusive Farm use (EFU) to Public (P). On appeal to LUBA, Petitioner’s sixth assignment of error challenged the county’s application of OAR 660-012-0065(3)(n) that found, as a matter of law, the zoning changes were consistent with statewide planning goals, and in the alternative, the project was exempt from the planning goals. OAR 660-012-0065(3)(n) specifically provides that “expansions or alterations of public use airports* * * meet planning goals 3, 4, 11, and 14 as a matter of law. LUBA held that several of the arguments in support of Petitioner’s sixth assignment were waived. Ultimately, LUBA held that OAR 660-012-0065(3)(n) applied in this situation because the approved plan was a public airport expansion. LUBA agreed that the alternative holding, which grants exceptions to the planning goals, was inappropriate given that the approved plan fit “squarely within the ambit of the statute." The county’s decision is remanded.