Sky Lakes Medical Center, Inc. v. Klamath Falls

Pursuant to ORS 197.829(1), "LUBA is required to accept a local government’s interpretation of its own land use ordinance if that interpretation ‘plausibly accounts for the text and context’ of the ordinance.” Siporen v. City of Medford, 349 Or 247, 262, 243 P3d 776 (2010).

Petitioner appealed from a final order of the Land Use Board of Appeals (LUBA) wherein they affirmed in part and remanded in part the approval by Klamath Falls City Council of Respondent’s “applications for a conditional use permit and site design review for a three-story office building to be constructed in a Mixed-Use (MU) zone in the city’s downtown central business district.” Petitioner assigned error to LUBA’s agreement of Klamath Falls City Council’s interpretation of its Community Development Ordinance (CDO) to be that the principal use of Respondent’s building was to be a government office rather than a social service. On appeal, Petitioner argued for a stricter reading of the CDO provisions 10.010 and 12.000 defining “government office” and “social services.” Pursuant to ORS 197.829(1), "LUBA is required to accept a local government’s interpretation of its own land use ordinance if that interpretation ‘plausibly accounts for the text and context’ of the ordinance.” Siporen v. City of Medford, 349 Or 247, 262, 243 P3d 776 (2010). The Court, after reviewing Respondent's, Department of Human Services, plans for the building, held that LUBA properly construed the principal use of the building to be a government office under ORS 197.829(1).

Affirmed.