Stop the Dump Coalition v. Yamhill CountyAnnotate this Case
Intervenor-respondent Riverbend Landfill Co. sought to expand its solid waste landfill in Yamhill County, Oregon on land zoned for exclusive farm use (EFU). Respondent Yamhill County determined for a second time that, with conditions of approval, the landfill expansion would not create a significant change in accepted farm practices or significantly increase the cost of those practices on surrounding agricultural lands, thereby meeting the "farm impacts test." But petitioners Stop the Dump Coalition, Willamette Valley Wineries Association, and Ramsey McPhillips and petitioner-intervenor Friends of Yamhill County (collectively, petitioners) contended Riverbend’s applications failed the farm impacts test. Broadly, the parties disputed what the farm impacts test measured and whether some of the conditions that the county imposed for approval are proper under ORS 215.296(2). On review of the Oregon Supreme Court, petitioners took issue with both the latest order of the Land Use Board of Appeals (LUBA) in Stop the Dump Coalition v. Yamhill County, 74 Or LUBA 1 (2016) (SDC II), and the decision of the Court of Appeals upholding that order in Stop the Dump Coalition v. Yamhill County, 391 P3d 932 (2017) (SDC III). Petitioners challenged some of the county’s conditions of approval, which LUBA and the Court of Appeals approved, and the Court of Appeals’ articulation of how the county must evaluate impacts of the landfill expansion on farm practices and their costs. Ultimately, the Supreme Court affirmed in part and reversed in part the decision of the Court of Appeals and affirmed in part, reversed in part, and remanded the final opinion and order of the Land Use Board of Appeals.