Doughton v. Douglas County

Respondent Doughton appealed to LUBA from Douglas County’s issuance of a building permit for the construction of a dwelling on an adjacent parcel in an exclusive farm use zone. In its initial consideration, LUBA concluded that the issuance of the permit was a “ministerial decision” and was therefore not a land use decision subject to its review. ORS 197.015(10) (b). Doughton sought judicial review. We disagreed with LUBA, and concluded, inter alia, that the test for permitting a primary dwelling in an EFU zone — whether it is one which is “customarily provided in conjunction with farm use,”…