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McCollum v. DLCD

Summarized by: 

Date Filed: 08-29-2012
Case #: A149325
Sercombe, J. for the Court; Ortega, P.J.; and Hadlock, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A149325.pdf

Land Use: Under Measure 49 and SB 1049, the number of homesite approvals a landowner may obtain is limited in proportion by acreage, unless the landowner otherwise qualifies for relief under Section 6(3) of Measure 49.

McCollum appealed from a Circuit Court ruling affirming the Department of Land Conservation and Development’s (DLCD) denial of their application for two additional homesites on their property. McCollum purchased a 15.63-acre lot with a house that was originally zoned for agriculture. Measure 49 and Senate Bill (SB) 1049 clarified the conditions through which landowners could re-zone their properties for multiple homesites. DLCD denied McCollum's claim because it interpreted Measure 49 and SB 1049 as restricting the number of homesites proportional to the size of the lot. Because McCollum's lot was less than 20 acres, they would be limited to one homesite. McCollum argued that they should be allowed at least two more homesites, for a total of three, under Measure 49. The Circuit Court affirmed DLCD’s decision. The Court of Appeals found that DLCD’s interpretation of SB 1049 was consistent with legislative commentary, but that McCollum was entitled to “at least one additional lot” because they “otherwise qualify for relief under Section 6(3).” Reversed and Remanded.