Wetherell v. Douglas County

Petitioner Garden Valley Estates, LLC (Garden Valley) seeks judicial review of an order of the Land Use Board of Appeals (LUBA) in which LUBA reversed the county’s plan amendment and zone change concerning a 259-acre parcel. On review, Garden Valley contends that, because the 590-acre ranch (of which the 259-acre parcel had been a part) could not be profitably grazed and, for that reason, was not a “farm unit,” LUBA erred in determining that the parcel was agricultural land pursuant to OAR 660-033-0020(l)(b). 1 We review to determine whether LUBA’s order was “unlawful in substance,” ORS…