The Oregon Court of Appeals has upheld a Land Use Board of Appeals ruling that earlier this year overturned Yamhill County's approval of a forest home on Peavine Road.

The case involves a housing application from Charma Vaage in the Eagle Point Subdivision. The subdivision was the subject of a 1983 Supreme Court decision in which justices ruled developer Bob Hemstreet had created it illegally.

The property owner wants to build what is known in Oregon land-use parlance as a forest template dwelling - that is, a personal residence on land zoned for exclusive forest use. Approval hinges on whether all or part of at least 11 other lots existing prior to 1993 lie within the boundaries of a 160-acre surrounding square.

Hemstreet, uncle of Shilo Inn magnate Mark Hemstreet, developed the subdivision in the 1970s. But in the 1983 case, brought by Jim Ludwick, the court voided the subdivision on grounds it had been created unlawfully.

Since then, Vaage has twice won approval from the county for her application, and Friends of Yamhill County succeeded each time in having it overturned by LUBA.

The second approval was overturned by LUBA, and Vaage appealed, but lost the court case. The court ruled that "LUBA ... correctly construed the statute and did not err in reversing the county's approval of the forest template dwelling."