Zippel v. Josephine County

Petitioners seek review and respondent Yvonne B. Biencourt Trust (respondent) cross-petitions from LUBA’s remand of Josephine County’s allowance of respondent’s application for a conditional use permit to remove and crush rock and to operate an asphalt batching plant. The operations will take place in part in a commercial forestry zone and in part in an exclusive farm use zone. Petitioners assign error to LUBA’s adverse rulings on some of their challenges to the county’s decision. Respondent assigns error to LUBA’s reaching the merits of and its adverse ruling on the issue that led it to…