Alexanderson v. Clackamas County

Petitioner seeks review of LUBA’s decision affirming Clackamas County’s denial of his application to divide a 17-acre parcel in a resource zone. The denial was based on the county hearings officer’s interpretation that the applicable zoning ordinance provision required consideration of the general unsuitability for farm or forest production of the entire parcel rather than only of the two acres proposed for partition. Petitioner argues that the county has interpreted the ordinance in the opposite way on 13 previous occasions1 and that the present interpretation is, therefore, impermissible.…