Alluis v. Marion County

Marion County seeks judicial review of a final order of the Land Use Board of Appeals (LUBA), that reversed a determination by the county that its comprehensive plan prohibits lot sizes smaller than 1.5 acres in “rural residential” areas. LUBA found the relevant language of the plan to be permissive and ruled that the implementing zoning ordinance, which sets a minimum lot size of one acre, controls. We affirm.

Respondents sought to partition their 2.03 acre parcel into two lots of 1.0 and 1.03 acres. The issue is whether the plan and the implementing ordinance are consistent or can be…