JOSEPHINE COUNTY, Ore. -- Ordinance 2017-002 passed in December 2017 has been reversed by the Land Use Board of Appeals (LUBA).
On August 28, 2017 the county planning commission held a hearing to consider whether to recommend to the board of county commissioners that the county adopt text amendments to the Josephine County Rural Land Development Code (RLDC) Section 61.050 to limit marijuana use in the county's Rural Residential zone (RR-5).
That planning commission hearing was continued to August 31, 2017 when the commission voted to recommend the text amendments to the board of county commissioners.
The board of county commissioners then held hearings on September 20, 2017, November 1, 2017, and November 29, 2017. The record was closed to public testimony at the conclusion of the November 29, 2017 hearing.
On December 6, 2017, the board of county commissioners voted to adopt the Ordinance and the text amendments to the RLDC.
On December 7, 2017, petitioners filed a Notice of Intent to Appeal (NITA) the ordinance with LUBA.
The petitioners argued that the county did not provide them with the advance, individual, written notice by mail that is required by law. They argued that the notice did not include the required information and was not sent within the time frame that is required by law.
LUBA ruled that the county did in fact fail to comply with the notice requirements. LUBA also ruled that the last hearing held before the board of commissioners just before the record closed fell short of providing the petitioners with an adequate opportunity to prepare and submit their case and a full and fair hearing.
You can see the entire Final Opinion and Order here.