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1000 FRIENDS OF OREGON v. LCDC

84-ACK-032; CA A32239.

696 P.2d 550 (1985)

72 Or.App. 443

1000 FRIENDS OF OREGON, Petitioner, v. LAND CONSERVATION AND DEVELOPMENT COMMISSION, and Benton County, Respondents.

Court of Appeals of Oregon.

Decided March 6, 1985.

Reconsideration Denied April 19, 1985.

Attorney(s) appearing for the Case

Richard P. Benner, Portland, argued the cause and filed the briefs for petitioner.

Michael B. Huston, Asst. Atty. Gen., Salem, argued the cause for respondent Land Conservation and Development Com'n. With him on the brief were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Michael A. Holstun, Asst. Atty. Gen., Salem.

Richard T. Ligon, Benton County Counsel, Corvallis, argued the cause and filed the brief for respondent Benton County.

William A. Van Vactor, County Counsel, Lane County Office of Legal Counsel, Eugene, filed a brief amicus curiae for Lane, Coos and Josephine Counties. With him on the brief were James H. Boldt, Josephine County Counsel, Grants Pass, and John K. Knight, Coos County Counsel, Coquille.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

Petitioner appeals from the order of the Land Conservation and Development Commission (LCDC) acknowledging the Benton County comprehensive plan and land use regulations. Petitioner's first contention is that the "farmstead" provision in the county's ordinance pertaining to exclusive farm use (EFU) zones violates ORS 215.283 and, therefore, violates Goal 3 and that LCDC erred by concluding that the provision complies with the goal.

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