Mark Latham Excavation, Inc. v. Deschutes County

Deschutes County, Eric and Ronna Hoffman, Sanders Nye, and Cascades Academy of Central Oregon (collectively, respondents) seek judicial review of a final opinion and order of the Land Use Board of Appeals (LUBA), in which LUBA remanded a land use decision of Deschutes County.1 The county’s decision granted petitioner, Mark Latham Excavation, Inc., site plan and conditional use approval to expand an existing mining operation but imposed a condition of approval that prohibited further mining of a headwall2 until a post-acknowledgement plan amendment is submitted and approved for that use. In…