Flying J, Inc. v. Marion County

In this proceeding to review a Land Use Board of Appeals (LUBA) decision, the central issue is the zoning of two acres1 owned by respondent, Flying J, Inc. Specifically, the issue is whether the property is zoned Interchange District (ID) or Interchange District with a Limited Use Overlay (ID-LU), which restricts development of the property more than if it is zoned ID. LUBA concluded that the property has the less restrictive ID zoning. The owners of adjacent property, TravelCenters,2 seek review, challenging that conclusion on various grounds. We affirm.

This case arises from, as LUBA put it,…