Lane County v. Land Conservation & Development Commission

Respondent Land Conservation and Development Commission (LCDC) moves for reconsideration of our opinion in Lane County v. LCDC, 138 Or App 635, 910 P2d 414 (1996). We allow the motion, modify our opinion and adhere to it as modified.

Petitioner Lane County challenged the validity of certain administrative rules adopted by LCDC in 1994, governing uses that are authorized on agricultural lands, including lands designated as “high value farmland.” Lane County asserted that the rules are invalid, because they either prohibit outright or impose conditions on uses statutorily allowed by ORS 215.213,…