Audubon Society v. Land Conservation & Development Commission

Petitioners seek review of LCDC’s acknowledgment of the parts of Benton County’s comprehensive plan and land use regulations which relate to the Jackson-Frazier Wetland.1 Petitioners argue that the county provisions violate Goal 5 and OAR 660-16-000 et seq. We agree and reverse.

The affected area consists of approximately 158 acres and contains a unique combination of plant species. Intervenor Dapp is the owner of approximately 117 acres in the Wetland. All parties agree that the area is a “resource site,” subject to Goal 5, and it has been included as such on the county’s Goal 5 inventory.…