Cherry Lane, Inc. v. Board of County Commissioners

This is a mandamus action. The trial court ordered Jackson County to approve Cherry Lane, Inc.’s application to partition land for residential use in an exclusive farm use (EFU) zone. The county appeals. We hold that, because Cherry Lane did not first seek county approval for non-farm dwellings on the land, approval would violate the county’s comprehensive plan and land use regulations.

On November 6, 1984, Cherry Lane applied to the county for approval of a tentative plan for a “non-farm dwelling subdivision” on land which it owns in an EFU zone a short distance outside the Medford city…