Goracke v. Benton County

Petitioners Starr and Benton County appeal from an order of the Land Use Board of Appeals (LUBA) that remanded the county’s approval of a minor partition of Starr’s 80-acre parcel in an exclusive farm use zone. Respondents contended before LUBA that (1) the county “misapplied” the requirement of Goal 3 that “minimum lot sizes * * * utilized for any farm use zones shall be appropriate for the continuation of the existing commercial agricultural enterprise [within] the area”; (2) the county’s “conclusion that [the partitioned] parcels are ‘appropriate’ is not supported by substantial evidence”;…