Legal Opinion

Welch v. Yamhill County

Court of Appeals of Oregon

Decided April 29, 2009No. 2008129, A140952PublishedCited by 1 opinion

1Opinion of the CourtHaselton, P. J.

Yamhill County approved petitioner’s subdivision application, which was predicated on his Measure 37 waivers. The Land Use Board of Appeals (LUBA) reversed the county’s approval, and petitioner seeks judicial review of LUBA’s order. We affirm.

We take the facts from LUBA’s order:

“The subject property is zoned Agriculture/Forestry (AF-20). The county’s AÍF-20 zone requires that newly divided parcels include at least 20 acres and does not allow residential subdivisions. Under the AF-20 zoning that applies to the subject property, the disputed subdivision could not be approved. [Petitioner]…

2Cases cited5 opinions

  1. Corey v. Department of Land Conservation & DevelopmentOregon Supreme Court · 2008
  2. Cyrus v. BOARD OF COUNTY COMMISSIONERS OF DESCHUTESCourt of Appeals of Oregon · 2009
  3. VanSpeybroeck v. Tillamook CountyCourt of Appeals of Oregon · 2008
  4. Pete's Mountain Homeowners Ass'n v. Clackamas CountyCourt of Appeals of Oregon · 2009
  5. Department of Land Conservation & Development v. Klamath CountyCourt of Appeals of Oregon · 2007

3Cited by1 opinion

  1. Maguire v. Clackamas CountyCourt of Appeals of Oregon · 2012

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