Wright v. KECH-TV

Plaintiffs brought this action to compel the removal of defendant KECH-TV’s transmission tower from land in an exclusive farm use zone. The trial court granted defendants’ motion to dismiss on the ground that the Land Use Board of Appeals has exclusive subject matter jurisdiction over the questions presented in the action. Plaintiffs appeal, and we affirm.

Defendants installed the tower and related facilities in October, 1981, after receiving the necessary permits from Marion County. The county did not conduct quasi-judicial proceedings in connection with its issuance of the permits, because…