Legal Opinion

Beaver State Sand & Gravel, Inc. v. Douglas County

Court of Appeals of Oregon

Decided April 3, 2003No. 2002-065; A119715Published

1Opinion of the CourtKistler, J.

Beaver State Sand and Gravel petitions for review of a LUBA decision holding that ORS 215.298 does not apply to a nonsignificant aggregate site. We affirm.

Beaver State owns an 80.10-acre parcel of land in Douglas County. The parcel is zoned Exclusive Farm Use (EFU)-Cropland and is located within the 100-year flood plain of the South Umpqua River. Beaver State identified a 35-acre section of the parcel that it wants to use to mine aggregate. As part of a larger attempt to get approval to mine the site, Beaver State submitted an application to Douglas County in October 1999, asking the county…

2Cases cited7 opinions

  1. Portland General Electric Co. v. Bureau of Labor & IndustriesOregon Supreme Court · 1993
  2. Brown v. Oregon State BarOregon Supreme Court · 1982
  3. Lane County v. Land Conservation & Development CommissionOregon Supreme Court · 1997
  4. Collins v. Klamath CountyCourt of Appeals of Oregon · 1997
  5. Johnson v. City of La GrandeCourt of Appeals of Oregon · 2000

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