Cox v. Polk County

The City of Dallas proposed to transport pretreated effluent from a local industrial facility to a holding pond, use the effluent to irrigate and fertilize poplar trees, and, eventually, sell the mature trees. The project was to be located outside the city’s urban growth boundary (UGB) and within an exclusive farm use (EFU) zone. The city submitted a Land Use Compatibility Statement (LUCS) relating to the project to the Polk County planning director. In October 1999, the planning director approved the LUCS on the ground that, consistently with a Polk County zoning ordinance and with ORS…