Schrock Farms, Inc. v. Linn County

Respondent Oregon Department of Transportation (ODOT) applied for, and Linn County granted, an exception to Goal 3, a resource land division and a partition of a farm parcel in an exclusive farm use zone. The county’s decision allowed ODOT to locate a highway segment across the parcel. Petitioners appealed to LUBA and contended, inter alia, that the decision violated ORS 215.283 1 and corresponding provisions of the county zoning ordinance. 2

Although LUBA sustained petitioners’ assignments of error and remanded the decision to the county, it did not address petitioners’ statutory argument.…