Delta Property Co. v. Lane County

This land use dispute concerns the proposed expansion of Delta Property Company, LLC’s (Delta) aggregate and gravel mining operation located in rural Lane County near the City of Eugene. The case is before us on cross-petitions for judicial review of a final order of the Land Use Board of Appeals (LUBA). LUBA affirmed Lane County’s (the county) denial of Delta’s application for a special use permit for the mining expansion. The county had concluded that, under Lane Code (LC) 16.212(4)(y)(ii), it could not issue a permit unless Delta’s mining expansion site was listed on the county’s inventory…