(DOWNLOAD) "Doughton v. Douglas County" by Court of Appeals of Oregon CA No. A45629 * Book PDF Kindle ePub Free
eBook details
- Title: Doughton v. Douglas County
- Author : Court of Appeals of Oregon CA No. A45629
- Release Date : January 12, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
[88 OrApp Page 200] Respondent Doughton appealed to LUBA from Douglas County's issuance of a building permit for the construction of a dwelling on an adjacent parcel in an exclusive farm use zone. In its initial consideration, LUBA concluded that the issuance of the permit was a ""ministerial decision"" and was therefore not a land use decision subject to its review. ORS 197.015(10)(b). Doughton sought judicial review. We disagreed with LUBA, and concluded, inter alia, that the test for permitting a primary dwelling in an EFU zone -- whether it is one which is ""customarily provided in conjunction with farm use,"" see ORS 215.283(1)(f) -- cannot be resolved through the application of clear and objective standards and that its resolution is therefore not a ministerial decision within the meaning of ORS 197.015(10)(b). We accordingly held that LUBA had jurisdiction and remanded. Doughton v. Douglas County, 82 Or App 444, 728 P2d 887 (1986), rev den 303 Or 74 (1987).
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