Panner v. Deschutes County

Petitioner seeks review of LUBA’s remand of Deschutes County’s decision to rezone petitioner’s 20-acre aggregate resource site from surface mining reserve to an active surface mining designation. LUBA concluded that the rezoning decision did not comply with Goals 3 or 5 and that the county did not make sufficient findings under applicable provisions of its comprehensive plan and zoning ordinance. Petitioner argues in its first two assignments of error that LUBA should not have reviewed the rezoning decision for compliance with Goals 3 and 5, but should have confined the inquiry to whether the…