Gutoski v. Lane County

Lane County granted respondent Stapleton’s application to rezone his property from a lower to a higher density rural residential designation to enable him to add a second residence on the parcel. Petitioners operate an orchard on their adjacent land in an agricultural zone. They appealed the county’s decision to LUBA and, in turn, to us. In Gutoski v. Lane County, 141 Or App 265, 917 P2d 1048, rev den 324 Or 18 (1996), we held that the county had erred by not applying Goal 3, policy 8, of its comprehensive plan (policy 8) to the application, and we directed that the decision be remanded to…