Kine v. Deschutes County

"When ... a subdivision plat overlays an entire tract of land ... that plat operates on the entirety of the tract, vacating any preexisting plot lines unless the plat says otherwise." Weyerhauser Real Estate Development Co. v. Polk County, 246 Or App 548, 559, 267 P3d 855 (2011).

Petitioner sought review of an order by the Land Use Board of Appeals (LUBA) that affirmed Respondent's denial of Petitioner's request for verification of 11 lots of record and its conclusion that the property described was a single lot of record. Petitioner assigned error to LUBA's conclusion that a subdivision process, which designated the subject property "Not in Plat," vacated the interior boundary lines of the subject property and LUBA's conclusion that the county "plausibly" interpreted its own code as to the meaning of "lot of record." On appeal, Petitioner argued that LUBA erred by "disregarding lawfully created property lines of parcels that were explicitly 'Not [in] Plat' and never subjected to any local process that [could] be used to vacate property lines under ORS 92.017." "When ... a subdivision plat overlays an entire tract of land ... that plat operates on the entirety of the tract, vacating any preexisting plot lines unless the plat says otherwise." Weyerhauser Real Estate Development Co. v. Polk County, 246 Or App 548, 559, 267 P3d 855 (2011). The Court held that, given the plat's lack of clear indication to maintain the preexisting parcel lines, LUBA's order was not "unlawful in substance." Affirmed.