We litigate cases to enforce and uphold the land use planning system. In coordination with local organizations that we serve through our affiliate program and our Cooperating Attorney Program, our Rural Lands Attorneys also provide pro bono legal resources and representation to Oregonians in land use cases consistent with our mission.
Friends of Marion County v. Marion County (Land Use Board of Appeals)
Friends of Marion County and the Department of Land Conservation and Development challenged Marion County's decision to permit what the applicant describes as money-losing educational field trips as a commercial activity in conjunction with farm use. The details of this particular application push the requirements of a commercial activity in conjunction with farm use to their breaking point. The applicant failed to demonstrate that its proposal would actually operate "in conjunction with" and "enhance" the farm use of the property and other local farm operations.
Case name: Agritainment
Status: Awaiting decision from LUBA
Counsel: Andrew Mulkey on behalf of Friends of Marion County
1000 Friends of Oregon v. City of Hillsboro (Land Use Board of Appeals)
1000 Friends of Oregon appealed the City of Hillsboro's adoption of an Economic Opportunity Analysis (EOA), with Metro intervening to also challenge the adoption. An EOA projects employment growth and employment land needs over a 20-year period. Any shortfall in employment land needs identified in the EOA can serve the basis for a future UGB expansion. Using a highly subjective methodology, Hillsboro projected an employment growth of over 61,000 employees and a need for over 2,000 acres of employment lands beyond its UGB. Additionally, as a city within Metro's boundaries, Hillsboro was required to apply Metro's coordinated population forecast to arrive at its growth conclusions and failed to do so. Combined with its unsupported methodology, Hillsboro's failure to apply Metro's forecast resulted in unreasonable growth projections and land need estimates that are considerably at odds with the growth that Metro is anticipating and planning around. If left unchallenged, these unreasonable conclusions would threaten valuable surrounding farmland by allowing Hillsboro to seek a UGB expansion.
Case name: City of Hillsboro EOA
Status: Awaiting decision from LUBA
Counsel: Devin Kesner on behalf of 1000 Friends of Oregon
Additional updates coming soon.