LandWatch Lane County v. Lane CountyAnnotate this Case
Kay King owned land zoned for exclusive farm use (EFU). She received county approval to replace three dwellings on the property that had been demolished in 1997. The issue this case presented for the Oregon Supreme Court's review was whether Oregon Laws 2013, chapter 462, section 2 authorized the construction of replacements for the three dwellings. After the county approved the construction permits, LandWatch Lane County (LandWatch) appealed to the Land Use Board of Appeals (LUBA), which reversed the county’s approval, holding that the statute did not permit construction of the replacement buildings. King petitioned for judicial review of the LUBA decision, and the Court of Appeals reversed. The Supreme Court reverse, reinstating LUBA's decision: because landowner’s replacement dwelling applications were filed more than five years after the dwellings on her property were demolished, LUBA correctly ruled that she could not obtain replacement permits under paragraph (2)(b) of Oregon Laws 2013, chapter 462, section 2.