Oregon Court of Appeals Affirms Processing of Off- Site Aggregate on Approved Mineral and Aggregate Extraction and Processing Areas

摘要

Setniker v. Polk County, 260 P.3d 800 (Or. App. 2011), involved the interpretation of certain Polk County Zoning Ordinance (PCZO) provisions regarding the processing of aggregate on approved mineral and aggregate extraction and processing areas (MA zones). Polk County determined that aggregate extracted off-site could be processed at a properly permitted MA zone. Id. at 802. Both the Land Use Board of Appeals (LUBA) and the Oregon Court of Appeals upheld the county's interpretation under a plausibility standard. Id. at 805, 809.