O'Mara v. Douglas County

Petitioners appealed to LUBA from Douglas County’s approval of a conditional use permit that would allow respondent Bracelin-Yeager Excavation & Trucking, Inc. (respondent) to conduct screening and crushing of aggregate and to operate an asphalt batch plant. Although LUBA remanded the county decision on other grounds, it rejected petitioners’ argument that the issuance of the permit violates ORS 215.301. Petitioners seek review and assign error to LUBA’s ruling on that assignment. We reverse.

ORS 215.301 provides, in relevant part:

“Notwithstanding the provisions of ORS 215.213 and 215.283…