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Lane County v. Land Conservation & Development Commission
Citations: 1996 Ore. App. LEXIS 517; 140 Or. App. 368; 914 P.2d 1114Docket: CA A83932
Court: Court of Appeals of Oregon; April 17, 1996; Oregon; State Appellate Court
Respondent Land Conservation and Development Commission (LCDC) successfully moved for reconsideration of the court's opinion in Lane County v. LCDC, which initially invalidated certain LCDC rules governing agricultural land uses under ORS 215.213. The court clarified that the invalidation applies only to counties affected by ORS 215.213, not universally. The opinion's initial language may have suggested a broader invalidation, which LCDC contested. The court confirmed that specific portions of OAR 660-33-120, OAR 660-33-130, and OAR 660-33-135 are invalid only in relation to high-value farmland in applicable counties, detailing that various non-farm uses and commercial activities are prohibited under these rules. The court acknowledged an oversight regarding OAR 660-33-135(7), emphasizing its invalidity only in conflict with ORS 215.213(2)(b) and refraining from commenting on its validity against other statutes. The modified opinion adheres to the clarified parameters of invalidation.