Yamhill County v. Ludwick

In these consolidated cases, Yamhill County appeals the Land Use Board of Appeals’ (LUBA) reversal of the county’s grant of conditional use permits and variances to two property owners.1 The county’s actions were taken to enable the owners to construct single family dwellings on parcels of less than 40 acres in an F-40 (Forest-40 acre minimum) zone. The petitioners before LUBA, who are respondents here, are members of a homeowners association that maintains an access road serving the properties in question. We reverse LUBA’s order.

The owners’ properties are part of a 67-lot subdivision. When…