Legal Opinion
Nelson v. Benton County
Court of Appeals of Oregon
Decided October 14, 1992No. LUBA 92-035; CA A75872PublishedCited by 7 opinions
1Opinion of the CourtRichardson, P. J.
Benton County denied petitioner’s application to build a nonfarm dwelling on his 1.37-acre parcel in an exclusive farm use zone. LUBA affirmed the decision. Petitioner seeks review, and we affirm.
The county concluded that the proposed dwelling did not satisfy the criterion in its ordinance, paralleling that in ORS 215.283(3)(d), that nonfarm dwellings be located on land that is generally unsuitable for agricultural production. The county based its finding that petitioner’s property is not generally unsuitable on a number of considerations, including:
“[T]he parcel could be farmed in connection…
2Cases cited10 opinions
- Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
- Agins v. City of TiburonSupreme Court of the United States · 1980
- Fifth Avenue Corp. v. WASHINGTON COUNTY, ETC.Oregon Supreme Court · 1978
- McCaw Communications, Inc. v. Marion CountyCourt of Appeals of Oregon · 1989
- Rutherford v. ArmstrongCourt of Appeals of Oregon · 1977
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Benson v. City of PortlandCourt of Appeals of Oregon · 1993
- Miller v. Columbia River Gorge CommissionCourt of Appeals of Oregon · 1993
- Lardy v. Washington CountyCourt of Appeals of Oregon · 1993
- Keicher v. Clackamas CountyCourt of Appeals of Oregon · 2001
- McKay Creek Valley Ass'n v. Washington CountyCourt of Appeals of Oregon · 1992
2 more not listed; retrieve them via the Exa API.