Publishers Paper Co. v. Benton County

Petitioner Carol Hemphill appeals from a final order of the Land Use Board of Appeals (LUBA) that affirmed Benton County’s issuance of a conditional use permit for a dwelling on forest land. She contends that LUBA erred (1) by failing to hold that approval of a forest dwelling on a parcel smaller than the minimum lot size violated Benton County’s zoning ordinance, (2) by holding that Benton County did not misapply the “compatability” criterion of its zoning ordinance and (3) by holding that statewide planning Goal 4 (Forest Lands) authorizes dwellings not necessary for commercial production…