Warner v. Clackamas County

Clackamas County seeks review of LUBA’s remand of the county’s determination that respondents Warner did not prove a nonconforming use in an airstrip on their property. Respondents also applied for an expansion of the use, and the county’s denial of the expansion was also remanded by LUBA. We affirm.

The county hearings officer relied on Clackamas Co. v. Port. City Temple, 13 Or App 459, 511 P2d 412, rev den (1973), and concluded, inter alia, that the intermittent and infrequent nature of the use since the time of restrictive zoning did not establish a nonconforming use under ORS 215.130 or…