J & D Fertilizers, Ltd. v. Clackamas County

Petitioner operates a fertilizer business on two lots in an exclusive farm use zone in Clackamas County. On an adjacent lot, it has been storing chicken manure that it uses in its business and that it obtains only from chicken growers. Petitioner sought a determination from the county that the storage of manure is a use permitted outright on the lot or, alternatively, that it is a nonconforming use or that petitioner has a vested right in the use.1 After a hearing, the county answered no to all of the questions. Petitioner appealed to LUBA, which affirmed the county’s decision. Petitioner now…