Hoffman v. Deschutes County

Petitioners seek review of a Land Use Board of Appeals (LUBA) decision that affirmed Deschutes County’s interpretation of its own code provisions regarding mining near “dust-sensitive uses” and “noise-sensitive uses.” Those provisions, petitioners contend, protect petitioners’ entire parcel rather than simply a residence on their property. The county, however, interpreted the “dust-sensitive use” and “noise-sensitive use” provisions as applying only to the part of petitioners’ property that actually housed the dust-sensitive or noise-sensitive use — i.e., the dwelling. On review, petitioners…