Legal Opinion

Von Lubken v. Hood River County

Court of Appeals of Oregon

Decided December 19, 1990No. LUBA 90-031; CA A66473PublishedCited by 9 opinions

1Opinion of the CourtButtler, P. J.

Petitioners seek review of LUBA’s affirmance of Hood River County’s approval of respondent Brookside’s application for a conditional use permit to develop a golf course on land that is located, in part, in an exclusive farm use (EFU) zone and is “capable of sustaining accepted farming practices.” The county zoning ordinance requires that proposed conditional uses comply, inter alia, with the comprehensive plan. The issue is whether standard D(9), one of the plan’s Goal 3 “land use designations and standards” (standards), precludes the conditional use permit for the golf course. Standard D(9)…

2Cases cited4 opinions

  1. Downtown Community Ass'n v. City of PortlandCourt of Appeals of Oregon · 1986
  2. Clark v. Jackson CountyCourt of Appeals of Oregon · 1990
  3. Smith v. Clackamas CountyCourt of Appeals of Oregon · 1990
  4. Kola Tepee, Inc. v. Marion CountyCourt of Appeals of Oregon · 1989

3Cited by9 opinions

  1. Gould v. Santa Fe CountyNew Mexico Court of Appeals · 2001
  2. Kenagy v. Benton CountyCourt of Appeals of Oregon · 1992
  3. Von Lubken v. Hood River CountyCourt of Appeals of Oregon · 1991
  4. Waker Associates, Inc. v. Clackamas CountyCourt of Appeals of Oregon · 1992
  5. Von Lubken v. Hood River CountyCourt of Appeals of Oregon · 1993

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