Menges v. Board of County Commissioners

Petitioners brought this writ of review proceeding to contest various actions and the decision of the Jackson County Hearings Council and Board of County Commissioners (Board) in granting the city of Gold Hill a conditional use permit to construct a sewage treatment facility on a 3.46 acre parcel in an area zoned F-5 (farm-residential; 5-acre minimum lot size). Petitioners own homes or reside in the area of the proposed facility site. They appeal from the trial court’s order affirming the Board’s decision. We reverse.

Petitioners advance six arguments, which will be described in the course of…