Schrock Farms, Inc. v. Linn County

Petitioners seek review of LUBA’s affirmance of Linn Countys Goal 3 exception and comprehensive plan amendment, which allow respondent Oregon Department of Transportation (ODOT) to construct a highway realignment on property of petitioners that is in an exclusive farm use (EFU) zone and that is the subject of a pending condemnation action brought by ODOT. We affirm.

The controversy between the parties has been before us three times earlier. In Schrock Farms, Inc. v. Linn County, 121 Or App 561, 855 P2d 648 (1993), and Schrock Farms, Inc. v. Linn County, 117 Or App 390, 844 P2d 253 (1992), we…