Gilmour v. Linn County

Petitioners1 seek judicial review of a final opinion and order of the Land Use Board of Appeals (LUBA), concluding that certain of respondent’s activities on his property, which is zoned for exclusive farm use (EFU), constitute “preparation” of straw for human or animal use and are therefore a “farm use” within the meaning of ORS 215.203(2)(a). LUBA’s order reversed an earlier decision by Linn County Board of Commissioners (county) that respondent’s activities are not a “farm use,” and are thus subject to certain review and siting requirements. On appeal, petitioners contend that LUBA should…