Legal Opinion

Foland v. Jackson County

Oregon Supreme Court

Decided March 7, 1991No. LUBA 89-105, 89-111; CA A63989; SC S37270PublishedCited by 14 opinions

1Opinion of the CourtVan Hoomissen, J.

This land use case concerns the siting of a proposed destination resort in Jackson County. We must decide whether what petitioners on review label as a “Comprehensive Plan and Zoning Map Amendment” to Jackson County’s comprehensive plan is reviewable for compliance with ORS 197.435 et seq and state-wide planning Goal 8, and whether the county is bound by its original map of “Areas Excluded from the Goal 8 Resort Siting Process,” adopted pursuant to Goal 8.

The Land Use Board of Appeals (LUBA) found that the plan amendment was not reviewable for Goal 8 compliance. LUBA also found that the plan…

2Cases cited2 opinions

  1. League of Women Voters v. Metropolitan Service DistrictCourt of Appeals of Oregon · 1989
  2. Foland v. Jackson CountyCourt of Appeals of Oregon · 1990

3Cited by14 opinions

  1. Friends of Neabeack Hill v. City of PhilomathCourt of Appeals of Oregon · 1996
  2. Friends of the Metolius v. Jefferson CountyCourt of Appeals of Oregon · 1993
  3. Foland v. Jackson CountyCourt of Appeals of Oregon · 2007
  4. Department of Land Conservation & Development v. Lincoln CountyCourt of Appeals of Oregon · 1996
  5. Kenagy v. Benton CountyCourt of Appeals of Oregon · 1992

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