Barkers Five, LLC v. LCDC

The “best achieves” standard is “a balance in the designation of urban and rural reserves that, in its entirety, best achieves livable communities, the viability and vitality of the agriculture and forest industries and protection of the important natural landscape features that define the region for its residents.” OAR 660-027-0005(2)

Petitioners appealed a 2018 acknowledgment order issued by the Land Conservation and Development Commission (LCDC) as it applied to the Metro, Clackamas, Multnomah, and Washington counties. Petitioners Barker, MLG, and Springfield assigned error to (1) LCDC’s finding that the counties joint submittal failed to analyze whether the urban and rural reserve designations complied with the best achieves standard; and (2) petitioners MLG and Springfield contend that LCDC’s order was unlawful because Metro and Multnomah county should have reconsidered Multnomah county’s reserve designations. On appeal, Petitioners contend (1) the submittal to LCDC required a balancing analysis of the "best achieves standard" and (2) the determination of compliance with the best achieves standard needed to be supported by substantial evidence. In response, “LCDC describes its task as considering whether ‘the joint submittal explains’ how the designation of urban and rural reserves meets the best achieves standard” and that in doing so it “demonstrate[s] compliance with” the standard. Metro further argued that “the joint submittal included ‘detailed findings’ that properly explained ‘how the qualitative balance of the three objectives (in the standard) was impacted by house bill 4078 adjustments and why those three objectives are still balanced through the reserve designations.” The best achieves standard is “a balance in the designation of urban and rural reserves that, in its entirety, best achieves livable communities, the viability and vitality of the agriculture and forest industries and protection of the important natural landscape features that define the region for its residents.” OAR 660-027-0005(2). The Court found the joint submittal by the counties met the balancing requirement of the best achieves standard. “First, it explained that the HB 4078 reduction in Washington County urban reserves does not leave the region with an insufficient amount of land for urbanization. Next, the joint submittal addressed whether the remaining urban reserves achieve the goal of ‘designating [the] highest quality of locations that can provide a range of housing types and transportation modes, as well as efficient public services.’” Because the qualitative goals of the best achieves standard was met in the joint submittal, LCDC’s 2018 acknowledgment order is affirmed.

Affirmed.