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1000 Friends of Oregon v. Land Conservation and Development Commission, Lane County

752 P.2d 271 (1988)

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1000 Friends of Oregon v. Land Conservation and Development Commission, Lane County

Oregon Supreme Court
752 P.2d 271 (1988)

CR

Facts

Oregon’s Statewide Planning Goal 4 sought to “conserve forest lands for forest uses,” which included timber production, watershed protection, and wildlife habitat. Goal 4 required that lands suitable for forest uses be inventoried and designated as such by local governments. Lane County (the county) (defendant) zoned large portions of the county as forest land in compliance with Goal 4. In certain areas designated as forest land, however, the county allowed the construction of residences that were “necessary and accessory” to forest management. The county’s plan stated that residences were per se “necessary and accessory” if the lot contained at least 10 acres and the property owner had an approved forest-management plan, as this would ensure that the land continued to contain a minimum stock of timber, satisfying the forest-use requirement. The Land Conservation and Development Commission (commission) (defendant) approved the county’s plan, prompting nonprofit organization 1000 Friends of Oregon (Friends) (plaintiff) to sue both the commission and the county. The court upheld the county’s plan with respect to residences, and Friends appealed to the Oregon Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Jones, J.)

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