Washington County v. Land Conservation & Development Commission

Petitioners Washington County and Bergey seek review of LCDC’s enforcement order relating to the county’s processing of certain pending farm dwelling applications. In effect, the order requires the county to follow and apply the requirements of LCDC’s high-value farmland rules, OAR 660-33-120 et seq, rather than county regulations that existed at the time of the enforcement proceeding and that are inconsistent with the LCDC rules. Both petitioners argue, and we agree, that under our decisions in Lane County v. LCDC, 138 Or App 635, 910 P2d 414, on recons 140 Or App 368, 914 P2d 1114, rev…