Lawrence v. Clackamas County

Petitioner seeks review of a final order of the Land Use Board of Appeals (LUBA) that affirmed the denial of her application for verification of a go-kart track as a nonconforming use. We reverse and remand for reconsideration.

The following facts are not in dispute. Petitioner owns property outside of Damascus, Oregon. On that property, she maintains a single-family home, an auto repair business, and a quarter-mile-loop go-kart race track known as “Damascus Rev N’ Ride.” Petitioner’s predecessors opened that track to public use in 1960. In 1964, the county enacted a zoning ordinance that…