Appeals Court Decision on LUBA Remand on Weiler Farm

This is the approximately 110 acres on Wilson road known as the Weiler Farm. An application was made to change the zoning from 5 acre parcels to 2 acre parcels to permit denser development. The property is outside the Metro Urban Growth Boundary (UGB) and not in an area scheduled for increased development. The application was reviewed by the Hearings Officer (HO) and approved. This decision was appealed to the Land Use Board of Appeals (LUBA) by the Oregon Department of Land Conservation and Development (DLCD.) The Hamlet of Beavercreek could not directly join this appeal.

LUBA disagreed with the HO findings and remanded the decision back to Clackamas County.

The applicant and County appealed the remand to the Oregon Court of Appeals. The Court agreed with LUBA that a Goal 14 exception is needed.