Legal Opinion

O'MARA v. Douglas County

Oregon Supreme Court

Decided November 26, 1993No. LUBA 92-166; CA A79129; SC S40438, S40439PublishedCited by 14 opinions

1Opinion of the CourtFadeley, J.

In this case, we are asked to determine the meaning and scope of a statutory prohibition regulating the use of land. Petitioners represent the interest of a vineyard or vineyards located in an exclusive farm use (EPU) zone in Douglas County (County). Respondent Bracelin-Yeager Excavation & Trucking, Inc., operates an asphalt cement processing plant located in a heavy industrial zone in that county. ORS 215.301, originally adopted by the legislature in 1989, provides:

“Notwithstanding the provisions of ORS 215.213 and 215.283, no application shall be approved to allow batching and blending of…

2Cases cited2 opinions

  1. Portland General Electric Co. v. Bureau of Labor & IndustriesOregon Supreme Court · 1993
  2. O'Mara v. Douglas CountyCourt of Appeals of Oregon · 1993

3Cited by14 opinions

  1. Ecumenical Ministries v. Oregon State Lottery CommissionOregon Supreme Court · 1994
  2. Severy v. Board of ParoleOregon Supreme Court · 1993
  3. Sherman v. Dept. of Human ServicesOregon Supreme Court · 2021
  4. Evangelical Lutheran Good Samaritan Society v. BonhamCourt of Appeals of Oregon · 2001
  5. State v. GillilandCourt of Appeals of Oregon · 1995

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