Polk County v. Martin

*71PETERSON, J.

This is an injunction case in which the plaintiff county asserts that the defendant’s rock quarry is an unlawful land use under the county zoning ordinance: The defendant contends that his use is a permitted “nonconforming use,”1 ORS 215.130(5). We allowed review to consider the relationship between a permitted nonconforming use and “the rationale of vested rights” discussed in the opinion below, 50 Or App 361, 366, 622 P2d 1152 (1981), and in our opinion in Clackamas Co. v. Holmes, 265 Or 193, 508 P2d 190 (1973).

I

STATEMENT OF FACTS

We draw upon the Court of Appeals opinion for the…