Byrd v. Stringer

The issue in this case is whether the Polk County Board of County Commissioners’ decision to approve construction of a “farm dwelling”1 on a 1.02 acre parcel in an area designated “Farm/Forest” under the county’s acknowledged comprehensive plan and zoning ordinance violates the plan and the ordinance.2 The Land Use Board of Appeals (LUBA) held that it did, and petitioners, owners of the property in question, appeal. They maintain that LUBA misinterpreted the county’s comprehensive plan and also erred in holding that the permissibility of petitioners’ proposed use depends on whether the size…