Overfield is appealing the hearings examiner decision to the Marion County Board of Commissioners. The board will decide Sept. 6 whether to hear the appeal.
At question is whether the 26-acre Silverton Airport at the north end of Airport Road NE is exempt from exclusive farm-use zoning. The zoning was passed to promote the continuation of commercial agriculture.
To pass the test, Shipman is charged with proving it was in use when the zoning came into effect in 1979 and continued to be in use after that. But while the site was found by the examiner to be a personal use airport in 1979, it was essentially abandoned in 1981, according to county records.
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