Summary
In Schrock Farms, Inc. v. Linn County, 121 Or. App. 561, 855 P.2d 648 (1993), and Schrock Farms, Inc. v. Linn County, 117 Or. App. 390, 844 P.2d 253 (1992), we considered petitioners' challenges to related county land use decisions.
Summary of this case from Schrock Farms, Inc. v. Linn CountyOpinion
90-061; CA A79572
Argued and submitted June 7, 1993
Affirmed July 7, 1993
Judicial Review from Land Use Board of Appeals.
John T. Bagg, Assistant Attorney General, Salem, argued the cause for petitioner. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Edward F. Schultz, Albany, argued the cause and filed the brief for respondents Schrock Farms, Inc., Vernon Schrock and Dean Schrock.
No appearance for respondent Linn County.
Before Deits, Presiding Judge, and Riggs and Leeson, Judges.
PER CURIAM
Affirmed.
Petitioner Oregon Department of Transportation (ODOT) seeks review of LUBA's decision following our remand in Schrock Farms, Inc. v. Linn County, 117 Or. App. 390, 844 P.2d 253 (1992). LUBA reversed Linn County's approval of ODOT's application to realign a portion of a highway located in an exclusive farm use zone. LUBA held, inter alia, that the proposed realignment is contrary to ORS 215.283 and that the county's Goal 3 exception, unaccompanied by a zone change, did not obviate the need to comply with the statute. We agree with that conclusion.
Affirmed.