Schaefer v. Oregon Aviation Board

LUBA has an obligation to adopt findings of compatibility only "when it adopts the final facility plan." OAR 738-130-0055(6). Any previously approved versions of a Master Plan must be part of the record before LUBA. OAR 661-010-0025(1)(b). Whether an airport is a "rural airport" as described by ORS 836.642 is a completely different question than whether the proposed land uses are rural or urban.

Petitioners sought judicial review of a decision from the Land Use Board of Appeals (LUBA) that upheld a Master Plan adopted by the Oregon Aviation Board for the Aurora State Airport. Petitioners argued that the Master Plan submitted to LUBA, which was adopted in 2012, did not include the version adopted in 2011 and was not compatible with either the MCCP nor the statewide planning goals because it proposed development on Exclusive Farm Use (EFU) land. Respondents argued the 2012 Master Plan was not incompatible because Respondents did not intend to construct airport improvements on EFU land and because the airport was a "rural airport" under ORS 836.642. LUBA has an obligation to adopt findings of compatibility only "when it adopts the final facility plan." OAR 738-130-0055(6). Any previously approved versions of a Master Plan must be part of the record before LUBA. OAR 661-010-0025(1)(b). Whether an airport is a "rural airport" as described by ORS 836.642 is a completely different question than whether the proposed land uses are rural or urban. The Court held that the 2012 Master Plan did not sufficiently include the provisions in the 2011 Master Plan and that LUBA erred in finding that the 2012 Master Plan did not propose airport development on EFU land. Further, LUBA incorrectly relied on ORS 836.642 to determine that the land uses proposed by the Master Plan were rural. Reversed and remanded.