Landwatch Lane County v. Lane County

Summarized by:

  • Court: Oregon Land Use Board of Appeals
  • Area(s) of Law: Land Use
  • Date Filed: 10-16-2017
  • Case #: 2017-043
  • Judge(s)/Court Below: Opinion by Holstun
  • Full Text Opinion

While OAR 660-033-0130(2)(c) authorizes expansion of existing structures on non-high-value farmland within three miles of a UGB, (2)(c) says the expansions cannot go above a 100-person capacity for the place of assembly.

Oak Hill School is located on non-high-value farmland that is zoned for exclusive farm use, and is less than three miles from the City of Eugene and Springfield’s urban growth boundaries (“UGB”). The existing school is designed to hold more than 100 students, and the proposed expansion would serve even more. This appeal considers whether the County erred in concluding that a relevant statute, which imposes spacing requirements if the closed structures are within three miles of an UGB (“Three Mile Rule”), did not apply to Oak Hill School.

On the first assignment of error, petitioner challenges the County’s finding that OAR 660-033-0130(18) (b)(c) makes it unnecessary to apply the three-mile rule in approving the requested expansion. Respondent argues that OAR 660-033-0130(18) and the administrative rule HB 3099 allow the applicant to not be subject to the OAR 660-033-0130(2) requirement for schools on non-high-value farmland. LUBA agrees with petitioner, stating that the legislative history and the language of the rule mandate that the three-mile rule must be applied to schools on non-high-value farm land within three miles of a UGB. Thus, LUBA concludes that the County erroneously determined that OAR 660-033-130(2) did not apply. Because the County’s decision violated applicable law, the county’s decision must be reversed. REVERSED.