Wetherell v. Douglas County

Petitioner Great American Properties Limited Partnership seeks judicial review of a Land Use Board of Appeals (LUBA) order that remanded to Douglas County to reconsider its determination that a 162-acre parcel was neither agricultural land nor forestland subject to statewide planning Goals 3 and 4. Petitioner argues, principally, that LUBA, in remanding, erroneously applied OAR 660-033-0030(5), which, petitioner asserts, is invalid because it conflicts with Goal 3. In their cross-petition, respondents/cross-petitioners Wetherell, Stradtner, and Friends of Douglas County (collectively…