Riverbend Landfill Co. v. Yamhill County

A LUBA order is unlawful in substance “if it represent[s] a mistaken interpretation of the applicable law.” Mountain West Investment Corp. v. City of Silverton,175 Or App 556, 559, 30 P3d 420 (2001).

Petitioner, Riverbend Landfill Co., appealed from a final order affirming the county’s denial of the flood development permit application that petitioner sought. On appeal, petitioner assigned err to the Land Use Board of Appeals’ (“LUBA”) order because it “failed to require the county to make any finding with respect to petitioner’s application even though County Order 20-284 denied that permit.” Petitioner’s application has been appealed through LUBA, the Oregon Court of Appeals, and the Oregon Supreme Court. After issues related to “farm practices” were adjudicated on by the Oregon Supreme Court, Petitioner’s application was denied. On appeal, the court determined that a LUBA order is unlawful in substance “if it represent[s] a mistaken interpretation of the applicable law.” Mountain West Investment Corp. v. City of Silverton,175 Or App 556, 559, 30 P3d 420 (2001). Because denial of petitioner’s application was not predicated on a mistaken interpretation of the applicable law as petitioner would suggest, the court found that LUBA did not err. Affirmed.