Warren v. Washington County

Pursuant to ORS 197.307(4), the “clear and objective requirement applies broadly to local governments’ application of standards, conditions, and procedures 'regulating the development of housing' generally, including 'needed housing.'"”

Petitioner sought judicial review of the Land Use Board of Appeals ("LUBA") rejection of Petitioner's challenges to an order by the Washington County. Petitioner assigned error to the county hearing officer’s approval of a six-lot subdivision of land. On appeal, Petitioner argued the Washington County could apply certain provisions of its community development code to prevent or restrict the proposed subdivision. In response, Respondent argued that the approval was correctly decided. Pursuant to ORS 197.307(4), the “clear and objective requirement applies broadly to local governments’ application of standards, conditions, and procedures 'regulating the development of housing' generally, including 'needed housing.'" The Court held that the “clear and objective” applies as it relates to procedures regulating the development of housing without regard to whether the development will occur on “buildable land”. Additionally, the Court rejected Petitioner’s other arguments without discussion.

Affirmed.