1000 Friends v. Land Conservation & Development Commission

The Land Conservation and Development Commission (LCDC) and Lane County petition for reconsideration of our decision in this case. 83 Or App 278, 731 P2d 457 (1987). We grant reconsideration to clarify one aspect of the opinion, to which we adhere as clarified.

In our previous opinion we held that Lane County’s criteria for forest dwellings do not comply with the “necessary and accessory” test which LCDC has adopted to evaluate those dwellings. LCDC and the county assert that that holding is inconsistent with our previous affirmance of LCDC’s acknowledgment of the Benton County comprehensive…