Stop the Dump v. Yamhill County

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Land Use
  • Date Filed: 03-22-2017
  • Case #: A162746
  • Judge(s)/Court Below: Sercombe, P.J. for the Court; Flynn, J.; & DeHoog, J.
  • Full Text Opinion

ORS 215.296(1), as interpreted in Von Lubken v. Hood River County, 118 Or App 246, 250- 51 (1993), only required a cumulative impacts inquiry on a single farm, not multiple farms.

Petitioner (Stop the Dump) and Respondent (Yamhill County and Landfill) sought review of a LUBA order remanding back to the county its site design review and floodplain permit approvals for an expansion of the landfill. Both parties assigned error to LUBA’s interpretation of ORS 215.296 to the county's application. Petitioner argued that LUBA erred in not requiring the county to consider “the significance of the impacts occurring on multiple farms, viewed cumulatively.” The Court disagreed that ORS 215.296 required Petitioner’s desired “cumulative impacts” inquiry on multiple farms. The obligations under ORS 215.296(1), as interpreted in Von Lubken v. Hood River County, 118 Or App 246, 250- 51 (1993), only required a cumulative impacts inquiry on a single farm. Respondent argued that LUBA erred in concluding that the county’s cumulative impacts findings were deficient. Reviewing the LUBA order for the errors set out in 197.850(9)(a), the Court found that the LUBA board had met its “substantial evidence” burden under that statute. LUBA order affirmed.

Advanced Search