Greenfield v. Multnomah County, No. A154667, 2013 Ore. App. LEXIS 1433 (Dec. 4, 2013)

(case involved determination of scope farm stand statute, ORS 215.283(1)(o), as implemented by OAR 660-033-0130(23); county issued permit to organic farming company, allowing company to operate farm stand and sell farm products, "incidental" retail items, and "prepared food"; county then granted company a modified permit to allow, inter alia, farm-to-plate dinners and small-scale gatherings; opponents challenged the permit, and, after a hearing officer ruling, the land use board of appeals (LUBA) issued a decision; on appeal by both sides from LUBA’s decision, the court determined that LUBA erred when it concluded that outdoor promotional dinners were not an allowed promotional activity; LUBA did not err in concluding that "structures," as used in the farm stand statute, did include tents; food carts were "structures" allowed to be used for the sale of farm crops and some “incidental” items; LUBA correctly concluded that birthday parties and other small-scale uses could be activities to primarily promote the sale of products at the farm stand; LUBA also correctly remanded to the county to ensure that the sale of non-farm crops from the food stands, including prepared food, would be no more than "incidental.")