Department of Land Conservation & Development v. Fargo Interchange Service District

Petitioners Fargo Interchange Service District (district), Marion County (county), Brent Leathers and Ed Mon-tecucco seek review of LUBA’s remands of the district’s decision defining the proposed public sewer system for the Fargo Road Interchange area, and of the county’s decision that the district’s proposal complies with the county comprehensive plan and land use regulations. We reverse.

The area is located in Marion County on rural land, outside an urban growth boundary (UGB), but is designated as freeway interchange and for rural development by the county’s acknowledged comprehensive plan.…