I summarize the legal framework which is applicable to this case, and which was described <br />2 in McMinnville, 244 Or App at 242-45. <br />3 The priorities for the types of lands that may be included within a UGB are <br />4 established in ORS 197.298. In relevant part, "exception lands" have higher priority for <br />5 inclusion in the UGB than EFU lands. When a local government must choose between <br />6 agricultural lands, it must generally choose the agricultural lands with less productive <br />7 soil. These priorities are reflected in ORS 197.298 which provides: <br />8 "(1) In addition to any requirements established by rule addressing <br />9 urbanization, land may not be included within an urban growth boundary <br />10 * * * except under the following priorities: <br />11 "(a) First priority is land that is designated urban reserve land under <br />12 ORS 195.145, rule or metropolitan service district action plan. <br />13 "(b) If land under paragraph (a) of this subsection is inadequate to <br />14 accommodate the amount of land needed, second priority is land adjacent to <br />15 an urban growth boundary that is identified in an acknowledged <br />16 comprehensive plan as an exception area or nonresource land. Second <br />17 priority may include resource land that is completely surrounded by <br />18 exception areas unless such resource land is high-value farrnland as <br />19 described in ORS 215.710. <br />20 "(c) If land under paragraphs (a) and (b) of this subsection is <br />21 inadequate to accommodate the amount of land needed, third priority is <br />22 land designated as marginal land pursuant to ORS 197.247 (1991 Edition). <br />23 "(d) If land under paragraphs (a) to (c) of this subsection is <br />24 inadequate to accommodate the amount of land needed, fourth priority is <br />25 land designated in an acknowledged comprehensive plan for agriculture or <br />26 forestry, or both. <br />27 "(2) Higher priority shall be given to land of lower capability as <br />28 measured by the capability classification system or by cubic foot site class, <br />29 whichever is appropriate for the current use. <br />6 <br />