Legal Opinion

Kenagy v. Benton County

Court of Appeals of Oregon

Decided March 11, 1992No. LUBA 91-097; CA A72690PublishedCited by 3 opinions

1Opinion of the CourtRichardson, P. J.

Benton County approved Ranta’s1 application to construct an accessory dwelling for a relative on his property in an EFU zone. LUBA affirmed the county’s decision and petitioners seek review. We reverse.

The dwelling is to be occupied by Ranta’s son and daughter-in-law, whose assistance he asserts that he needs for farm operations. We take the facts from LUBA’s opinion:

“The subject parcel is approximately 37 acres in size. Currently, there is one dwelling on the parcel, and it is occupied by [Ranta,] the property owner. There is a fenced pasture area, consisting of approximately 9 acres, behind…

2Cases cited5 opinions

  1. Newcomer v. Clackamas CountyCourt of Appeals of Oregon · 1988
  2. Newcomer v. Clackamas CountyCourt of Appeals of Oregon · 1988
  3. Von Lubken v. Hood River CountyCourt of Appeals of Oregon · 1990
  4. Hopper v. Clackamas CountyCourt of Appeals of Oregon · 1987
  5. Von Lubken v. Hood River CountyCourt of Appeals of Oregon · 1991

3Cited by3 opinions

  1. Kenagy v. Benton CountyCourt of Appeals of Oregon · 1992
  2. Brentmar v. Jackson CountyCourt of Appeals of Oregon · 1994
  3. Delta Property Co. v. Lane CountyCourt of Appeals of Oregon · 2015

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