Hearne v. Baker County

Petitioner and respondent Dunn (respondent) both seek review of LUBA’s order affirming Baker County’s approval of the partition of respondent’s 20-acre tract, located in an exclusive farm use zone, into one 10-acre and two five-acre parcels and the county’s allowance of conditional use permits for nonfarm dwellings on the two smaller parcels. The county’s decision was made after LUBA had twice remanded previous approvals of the partition and the dwellings. See Smith v. Baker County, 14 Or LUBA 167 (1985); Hearne v. Baker County, 14 Or LUBA 743, aff’d 81 Or App 105, 724 P2d 351 (1986).

Because…