Central Oregon Landwatch v. Deschutes County

ORS 215.284(2) “In counties not [within the Willamette Valley] a single-family residential dwelling not provided in conjunction with arm use may be established, subject to approval of the governing body or its designee, in any area zoned for exclusive farm use upon a finding that: (c) The dwelling will be sited on a lot or parcel created before January 1, 1993.”

The Land Use Board of Appeals (LUBA) affirmed decisions approving two conditional-use permits for nonfarm dwellings on Intervenor’s 311-acre tract of farmland. Petitioner contended LUBA failed to independently determine the legislature’s intent in enacting ORS 215.284(2)(c), mistakenly relied on previous lot-of-record determinations to determine whether the lots were “parcels,” and failed to consider lot line adjustments. Intervenor responded LUBA’s order was not unlawful and LUBA correctly interpreted ORS 215.284(2)(c). The Court determined the contention presented an issue of statutory construction. The Court interprets legislative intent by examining the text in context along with legislative history offered by the parties. LUBA cited previous records but also clearly independently determined that the properties qualified as “parcels.” LUBA correctly interpreted ORS 2115.284(2)(c) because based on the record of the deeds, it is clear that deeds existed for the parcels of land before January 1, 1993. The parcels of land remained separate despite lot line adjustments in 2009 because lot line adjustments do not result in the creation of a new lot. Affirmed.