Kola Tepee, Inc. v. Marion County

Petitioners seek review of LUBA’s affirmance of Marion County’s denial of their request for conditional use approval for a church facility on 331 acres of property designated Primary Agriculture in the Marion County Comprehensive Plan and zoned Exclusive Farm Use (EFU). County denied the application, and LUBA affirmed county’s action. We affirm.

Petitioners argue that LUBA erred in concluding that county could apply its conditional use standards to a church facility to be located in an EFU zone. ORS 215.213(1) and (2) respectively specify uses in an EFU zone that counties may permit outright…