Weyerhaeuser Real Estate Develop. v. Polk County

• Court: Oregon Court of Appeals
• Area(s) of Law: Land Use
• Date Filed: 11-09-2011
• Case #: A148925
• Judge(s)/Court Below: Nakamoto, J. for the Court.; Schuman, P.J.; & Brewer, C.J.

Land use decisions made by proper county officials and in accord with statutory and case law of the time shall be upheld despite conflicting previous acts related to the land in question.

Weyerhaeuser Real Estate Development Company (Weyerhaeuser) submitted a request to Polk County to divide a parcel of land and was denied. Weyerhaeuser brought the case to the Land Use Board of Appeals (LUBA), and now seeks judicial review of LUBA's affirmation of Polk County's decision. Weyerhaeuser argued that the land in dispute was divided into four lots in 1911. Polk County and LUBA both disagreed, finding that the land was in fact partitioned and consolidated into one single parcel in 1983, rendering the 1911 lot lines obsolete. Held, pursuant to the applicable statutes of the time (namely, ORS chapter 92 from 1981), the 1983 partition properly vacated the 1911 lot lines. As such, neither Polk County nor LUBA erred in refusing to grant Petitioner's request. Affirmed.

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