In Tonquin Holdings, LLC v. Clackamas County, Nos. 2011025, 2011026, A149553, 2012 WL 208090 (Or. Ct. App. Jan. 25,2012), the Oregon Court of Appeals affirmed a Land Use Board of Appeals (LUBA) decision that required a proposed aggregate surface mining operation to meet certain environmental and land use conditions. First, the court held that LUBA properlyconstrued the Clackamas County Zoning and Development Ordinance (ZDO) as prohibiting approval of a conditional use, such as surface mining, if it "substantially limits, impairs, or precludes" primary uses on land adjacent to the proposed conditional use. Id. at *2. Second, the court agreed with LUBA that general development standards contained in the ZDO applied to surface mining notwithstanding the fact that "surface mining" was not expressly listed as an "industrial" or "commercial" use under the ZDO. Id. at *6. Finally, the court concluded that except where a conflict arises, the special standards applicable to surface mining merely supplement, rather than wholly displace, the general standards. Id. at*7.
展开▼
