Clark v. Jackson County
Oregon Supreme Court
1Opinion of the CourtFadeley, J.
Jackson County granted a conditional use permit for mining shale on a 40-acre portion of a 400-acre tract owned by the Stanleys. The entire tract was zoned Exclusive Farm Use (EFU) and used as livestock pasture. A county ordinance usually restricted granting of conditional use permits within an EFU zone to cases where the proposed use is to be situated on “generally unsuitable land” for agricultural purposes. The county interpreted its ordinance to be concerned only with the agricultural suitability of the 40-acre portion and granted the permit. On an appeal by Clark, a neighbor, LUBA…
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