1000 Friends v. Board of County Commissioners

This writ of review proceeding is a challenge to a county decision that a property owner had established a nonconforming use and was therefore, contrary to the requirements of the applicable comprehensive plan, entitled to proceed with development of a mobile home park.

In Eagle Creek Bock Prod. v. Clackamas Co., 27 Or App 371, 556 P2d 150 (1976), Sup Ct review denied (1977), we interpreted ORS 215.130(4) 1 as establishing a state standard to determine the existence or nonexistence of a valid nonconforming use. We also concluded that primary jurisdiction to adjudicate the facts germane to…