Department of Transportation v. Coos County

Petitioner 1 Menasha Development Corporation seeks review of LUBA’s remand of Coos County’s comprehensive plan and zoning amendment that redesignated petitioner’s 125-acre tract from exclusive farm use to rural residential. Respondent Oregon Department of Transportation (ODOT) appealed the county’s amendment to LUBA. LUBA agreed with ODOT’s argument that the amendment violated OAR 660-012-0060(2)(d), a provision of the Land Conservation and Development Commission’s (LCDC) rules implementing Statewide Planning Goal 12. Petitioner contends that LUBA erred in so concluding. We agree and reverse.

W…