Clark v. Jackson County

Jackson County and petitioners Stanley (petitioners) seek review of LUBA’s remand of the county’s conditional use permit that allows petitioners to conduct surface shale mining operations on a 40-acre part of their property in an exclusive farm use zone. The 40 acres are included in a 400-acre fenced area that petitioners own and that has been used for livestock grazing. Section 218.060(1)(D) of the county’s zoning ordinance provides that conditional use permits for mining operations in EFU zones are allowable, inter alia, if the use is

“situated upon generally unsuitable land for the…