Alexanderson v. Board of Commissioners

*429LINDE, J.

The issue for decision is whether Polk County unlawfully denied petitioner’s application for an otherwise proper partition of his 25-acre tract of land on the ground that the partition would contravene a statewide planning goal promulgated by the Land Conservation and Development Commission ("LCDC”).

The land in question qualifies as agricultural land within the definition of LCDC’s Goal 3, relating to the preservation of such land for agricultural use.1 At the time of the application it was used primarily as cherry orchard and was qualified for property tax assessment limited to farm…