McKay Creek Valley Ass'n v. Washington County

Petitioners 1 seek review of LUBA’s reversal of Washington County’s approval of their application to build a farm dwelling in a resource zone. The approval standard that petitioners contended, and that the county concluded that their application satisfied, was a zoning ordinance provision permitting a farm dwelling on a parcel that “is planted in peren[n]ials capable of producing upon harvest, an average of at least $10,000 in gross annual income.” The county found that, although the strawberry plants that are currently on petitioners’ property are not capable of that, the property itself has…