Siegert v. Crook County

The Crook County Court approved the location of a dog breeding kennel in a zone where, under the current zoning code, such kennels are not permitted. The county reasoned that, when the current zoning code was enacted in 1977, the kennel was already in existence and lawful under the then-current code (1973), and such preexisting lawful uses could be subsequently “verified.” See ORS 215.130(5). Petitioner Linda Siegert appealed the county’s decision to the Land Use Board of Appeals (LUBA). LUBA affirmed the county, and petitioner now seeks judicial review, arguing that the county’s…