Scott, Inc. v. City of Ontario

If a proposed land use is conditional within a zoning designation, then the use is not prohibited, and the city may not mark the application as such.

Scott, Inc. challenged the decision of the circuit court, which affirmed the decision of the City to deny Scott’s condition land use permit application. Scott claimed that the City mismarked the application as prohibited, which led to the denial of its application. The City argued it was permitted to evaluate the likelihood of Scott’s application and that a supplemental city ordinance would have prohibited his permit regardless of mismarked application. If a proposed land use is conditional within a zoning designation, then the use is not prohibited, and the City may not mark the application as such. The Court determined that Scott was correct, and the circuit court erred in affirming the City’s decision. The Court reasoned that the City did not have discretionary authority to evaluate the likelihood of success of Scott’s conditional land use permit application. The City was obligated to check the correct box indicating that Scott’s proposed use was subject to a conditional land use permit rather than prohibit it without LUBA’s consideration. Reversed and remanded.