1000 Friends of Oregon v. Land Conservation & Development Commission

The Court has denied review. As writer of the opinion in 1000 Friends of Oregon v. Wasco County Court, 299 Or 344, 703 P2d 207 (1985), I write to state my agreement with the Court of Appeals opinion in this case.

One of the issues before the Court of Appeals was whether the local government erred in concluding that a parcel of land consisting almost entirely of Class II to IV soils was not “agricultural land” as defined in Goal 3. The specific question raised was: If land defined as “agricultural land” under Goal 3 and OAR 660-05-005 is not suitable for agricultural use, must the local…