Rutherford v. Armstrong

Petitioner appeals the trial court’s affirmance on writ of review of a decision by the Yamhill County Board of Commissioners approving a variance from the county’s comprehensive plan.

The variance is to construct a single family residence on a five-acre parcel which was partitioned in 1969. In 1975, the county adopted its comprehensive plan designating the area in which the parcel is located as "agricultural/forestry.” The plan further provides that in such areas residences cannot be constructed on tracts containing less than 20 acres. In conjunction with the adoption of the comprehensive…