Green v. Douglas County

After Douglas County (the county) approved an expanded conditional use permit for respondents’ home business, petitioners appealed to the Land Use Board of Appeals (LUBA). Because it determined that the county’s decision was inconsistent with ORS 215.448(1), a statute that regulates home businesses in exclusive farm and forest zones, LUBA remanded the case to the county. However, LUBA sustained the county’s determination that approval of the proposed development was consistent with Douglas County Land Use and Development Ordinance (LUDO) 1.040.2, a code provision that requires correction of…