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Friends of Yamhill County v. Yamhill County

Summarized by: 

Date Filed: 03-19-2013
Case #: A152666
Armstrong, P.J. for the Court; Duncan, J.; and Brewer J. pro tempore
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A152666.pdf

Land Use: A farm-use-related commercial activity is a conditional use, determined by the county on a case-by-case basis, instead of a permitted use under ORS 215.283(1)(n).

Friends of Yamhill County and the Oregon Department of Agriculture (Collectively "FYC") appeal an order from the Land Use Board of Appeals (LUBA) which affirmed Yamhill County's approval of Stoller Vineyards' application for a conditional-use permit to construct a new building on the winery's property which was zoned "exclusive farm use" (EFU). As a winery, Stoller was allowed certain benefits, including sale of items related to wine and hosting events intended to attract customers. In 2011, Stoller applied for a conditional-use permit (CUP) to construct a new building including a commercial kitchen, offices, and a tasting room, and permitted hosting 44 events per year on the property while providing meals. FYC claims that LUBA erred in approving the permit because the commercial activity by Stoller is a new use that is not in conjunction with farm use. FYC also claims that even if it is commercial activity in conjunction with farm use, then it is beyond the "incidental" limitation under ORS 215.283(2)(a). The Court of Appeals held that a farm-use-related commercial activity is a conditional use, determined by the county on a case-by-case basis, instead of a permitted use under ORS 215.283(1)(n). Affirmed.