Legal Opinion
Bertsch v. Department of Land Conservation & Development
Court of Appeals of Oregon
Decided September 19, 2012No. C096126CV, C096127CV; A146115, A146117PublishedCited by 5 opinions
1Opinion of the CourtWollheim, J.
The Department of Land Conservation and Development (DLCD) appeals judgments of the circuit court on judicial review of two DLCD orders, issued pursuant to section 5 of Ballot Measure 49 (2007), determining that land zoned for exclusive farm use (EFU) owned by petitioners Wales and land zoned for agricultural forestry use (AF) owned by petitioners Bertsch did not qualify for additional home sites under section 6 of Measure 49, because petitioners Wales and Bertsch were not each lawfully permitted to establish a home site when they acquired their properties. The circuit court held in two…
2Cases cited6 opinions
- State v. GainesOregon Supreme Court · 2009
- Corey v. Department of Land Conservation & DevelopmentOregon Supreme Court · 2008
- G.A.S.P. v. Environmental Quality CommissionCourt of Appeals of Oregon · 2005
- Gasp v. Environmental Quality Com'nOregon Supreme Court · 2005
- Ericsson v. StateCourt of Appeals of Oregon · 2012
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Papworth v. Oregon Department of Land Conservation & DevelopmentCourt of Appeals of Oregon · 2013
- Lenn v. Lane CountyCourt of Appeals of Oregon · 2017
- Moore v. City of EugeneCourt of Appeals of Oregon · 2020
- Fern Hollow Farms, Inc. v. Linn CountyCourt of Appeals of Oregon · 2022
- Vannett Properties, LLC v. Lane CountyCourt of Appeals of Oregon · 2021