Legal Opinion
McCaw Communications, Inc. v. Marion County
Court of Appeals of Oregon
Decided May 17, 1989No. LUBA 88-068; CA A50771PublishedCited by 17 opinions
1Opinion of the CourtRichardson, P. J.
Petitioners seek review of LUBA’s reversal of Marion County’s denial of respondents’ application to place a 140-foot cellular telephone transmission tower and a related structure on a 21-acre parcel in an agricultural zone. The principal issue is whether the tower is allowable under section 137.020(d) of the county zoning code, which includes among the permitted uses in the zone:
“Utility facilities necessary for public service, except commercial facilities for power generation.”
Both the county and LUBA treated the question as one of law. The county answered it negatively, and LUBA answered it…
2Cases cited2 opinions
- McCoy v. Linn CountyCourt of Appeals of Oregon · 1988
- Hopper v. Clackamas CountyCourt of Appeals of Oregon · 1987
3Cited by17 opinions
- Nynex Mob. Comm. Co. v. Hazlet Tp.New Jersey Superior Court Appellate Division · 1994
- Central Oregon LandWatch v. Deschutes CountyCourt of Appeals of Oregon · 2017
- Warburton v. Harney CountyCourt of Appeals of Oregon · 2001
- Bellsouth Carolinas PCS, L.P. v. Henderson County Zoning Board of AdjustmentCourt of Appeals of North Carolina · 2005
- Nelson v. Benton CountyCourt of Appeals of Oregon · 1992
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