Webber v. County of Clackamas

Plaintiffs initiated this declaratory judgment proceeding to obtain a declaration that they have established a nonconforming use giving them a vested right to develop their land at a density prohibited by the present Clackamas County Comprehensive Plan. The trial court found that plaintiffs had established the nonconforming use, and defendants appeal. We review de novo 1 and reverse.

Plaintiffs own approximately 127 acres of land in Clackamas County. Prior to the adoption of the Comprehensive Plan in 1974, plaintiffs drilled a well on their property, installed a pump, constructed a large…