Rudd v. Malheur County

UBA No. 80-056, 1980 WL 267415 (1980)

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Rudd v. Malheur County

Oregon Land Use Board of Appeals
UBA No. 80-056, 1980 WL 267415 (1980)

Facts

Oregon’s Land Conservation and Development Commission adopted a series of development goals with which local planning and zoning commissions were required to comply. Goal 3 required the preservation and maintenance of agricultural lands for farm use, and Goal 10 required local governments to designate sufficient suitable land within an urban-growth boundary to meet residential needs. Developers petitioned Malheur County, Oregon (the county) (defendant) to change the zoning designation for a 32-acre parcel of land from farm use to rural residential. The property was located approximately four miles from the City of Ontario and was outside the city’s urban-growth boundary. The county granted the zoning change. In support of its decision, the county reasoned that an exception to Goal 3 was appropriate because: (1) there was a market demand for rural non-farm housing, and (2) due to population growth, the city was likely to exhaust the supply of residential housing within its urban-growth boundary in the near future. Rudd (plaintiff) appealed the county’s decision, arguing that the rezoning violated the goals established by Oregon’s Land Conservation and Development Commission.

Rule of Law

Issue

Holding and Reasoning (Reynolds, Chief Referee)

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