Legal Opinion

West v. Clackamas County

Court of Appeals of Oregon

Decided November 4, 1992No. LUBA 92-072; CA A76367PublishedCited by 16 opinions

1Opinion of the CourtRichardson, P. J.

Petitioner seeks review of LUBA’s affirmance of a Clackamas County hearings officer’s denial of petitioner’s application for a conditional use permit to develop a golf course and related facilities. We affirm.

Although the county denied the application on three grounds, it defended only one of them before LUBA and here. The proposed golf course site contains wetlands. Section 1011.03(B) of the county zoning ordinance requires the outright preservation of “high priority open space,” including wetlands, except, inter alia, that “Commercial or industrial developments affecting wetlands * * * may…

2Cases cited5 opinions

  1. Clark v. Jackson CountyOregon Supreme Court · 1994
  2. Forster v. Polk CountyCourt of Appeals of Oregon · 1992
  3. Cope v. City of Cannon BeachCourt of Appeals of Oregon · 1992
  4. Larson v. Wallowa CountyCourt of Appeals of Oregon · 1992
  5. Kenagy v. Benton CountyCourt of Appeals of Oregon · 1992

3Cited by16 opinions

  1. Goose Hollow Foothills League v. City of PortlandCourt of Appeals of Oregon · 1992
  2. Weeks v. City of TillamookCourt of Appeals of Oregon · 1992
  3. Reusser v. Washington CountyCourt of Appeals of Oregon · 1993
  4. Larson v. Wallowa CountyCourt of Appeals of Oregon · 1992
  5. Alliance for Responsible Land Use v. Deschutes CountyCourt of Appeals of Oregon · 1997

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