Dority v. Clackamas County

Petitioner seeks review of LUBA’s decision that affirmed Clackamas County’s denial of his application to build a nonfarm dwelling in an exclusive farm use zone. We affirm.

In his first assignment, petitioner contends that the county’s finding that his property was not generally unsuitable for agricultural production, under the county analog of ORS 215.283(3)(d), was not supported by substantial evidence. We review to determine whether LUBA correctly understood and applied the substantial evidence test, Cusma v. City of Oregon City, 92 Or App 1, 7, 757 P2d433 (1988), and conclude that it did.

Pet…