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Devin Oil Co. v. Morrow County

Summarized by: 

Date Filed: 08-29-2012
Case #: A151098
Brewer, J. for the Court; Armstrong, P.J.; and Duncan, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A151098.pdf

Land Use: A county may adopt a limited use overlay zone with exceptions even if there are other options that could have satisfied the TPR.

Devin Oil Co. (Devin) sought review of a decision by the Land Use Board of Appeals (LUBA). Love’s Travel Stops & Country Stores, Inc. (Love’s) owns 49-acres of property near the city of Boardman. In 2009, Love's sought approval to turn the land into a Tourist Commercial property (TC). The property was also in an Airport Approach zone which required an exception to rezone the property to TC. In 2010, the County approved the zoning change and exception. Devin appealed the County’s decisions and LUBA remanded the decisions back to the County. On remand, the County applied the Limited Use overlay zone (LU) and once again approved the zoning changes. Devin appealed again and LUBA affirmed. Devin then sought review of LUBA’s order. Devin argued that the County’s determination under Morrow County Zoning Ordinance 3.110(A)(3) (MCZO) requiring the LU overlay and the TPR rule requiring TC restrictions were erroneous. The Court held that the County’s adoption of the LU requiring Love's to create transportation requirements complied with MCZO 3.110(A)(3). The fact that there may have been other options regarding the TPR does not undermine the County’s decision. As to the second error, the petitioner did not raise it as error on first appeal. Affirmed.