Diesel v. Jackson County

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Land Use
  • Date Filed: 03-08-2017
  • Case #: A163267
  • Judge(s)/Court Below: Shorr, J. for the Court; Armstrong, P.J.; & Tookey, J.
  • Full Text Opinion

A county's prohibition of marijuana production on lands zoned rural residential may not be inconsistent with the county’s comprehensive plan.

Petitioner sought review of the Land Use Board of Appeals (LUBA) decision in favor of Jackson County's prohibition on marijuana production on lands zoned rural residential. Petitioner first claimed error in LUBA's finding that the ordinance was consistent with the county's comprehensive plan because the plan stated that the purpose of rural residential land is to allow small-scale agriculture. However, the Court found that not allowing one type of agricultural use would not violate the plan. Second, Petitioner also claimed error in LUBA's finding that the prohibition was not a reasonable regulation of marijuana cultivation because there was no substantial governmental interest identified. However, Court found no authority requiring heightened scrutiny for a county's marijuana prohibition. Affirmed.

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