Posted: Wednesday, March 20, 2013 9:07 AM
The Oregon Court of Appeals has sided with the state Land Use Board of Appeals in upholding a Yamhill County decision to grant a conditional use permit for a Dayton, Ore., winery.
The court wrote in a March 19 decision that the permit allowing up to 44 events per year and a commercial kitchen at Stoller Winery pushed the limits of Oregon land use law.
The law allows some commercial activities in farm zones provided the activities are in conjunction with farm use.
But, the court wrote: "We also conclude that LUBA did not err in determining that, as conditioned, approval of Stoller's application nonetheless does not fall outside the scope of (Oregon law)."
"We are, of course, disappointed with the decision," said Sid Friedman of Friends of Yamhill County, a citizen group that filed the appeal. "We can only hope that Stoller Vineyards will exercise its approval in a way that respects its neighbors and other farm interests."
Friedman said the group filed the appeal for fear the winery's activities will interfere with adjacent farm activity.