Jackson County v. Bear Creek Valley Sanitary Authority

Petitioners seek judicial review of a determination by the Land Use Board of Appeals (LUBA), invalidating a portion of the comprehensive plan adopted by Jackson County. We reverse and remand.

In 1976, Bear Creek Valley Sanitary Authority (BCVSA), a sanitary district operating within Jackson County, adopted a comprehensive sewer plan. In 1978, Jackson County and BCVSA entered into a cooperative agreement providing that the parties would jointly develop plans relating to levels of sewer service on rural and urban lands. On July 14, 1980, the Jackson County Board of Commissioners adopted by…