Cent. Or. Landwatch v. Deschutes Cnty.

Under Deschutes County Code (DCC) 22.36.010(B)(1), “a land use permit is void two years after the date the discretionary decision becomes final if the use approved in the permit is not initiated within that time period.”

Petitioner sought judicial review of a Land Use Board of Appeals (LUBA) decision to remand a declaratory ruling that a use had been “initiated” on property acquired by Petitioner’s company. Petitioner assigned error to LUBA’s decision to remand the issue to the hearings officer to make a determination outside the proceeding's scope. Respondent cross-petitioned for review, assigning error to LUBA's decision to affirm the officer’s determination of land use initiation. Under Deschutes County Code (DCC) 22.36.010(B)(1), “a land use permit is void two years after the date the discretionary decision becomes final if the use approved in the permit is not initiated within that time period.” On the cross-petition, the Court reasoned that the expiration of approval for a specific land use was calculated from the landowner’s initiation, and there was no legal basis requiring a landowner to file an application for “declaration of an initiation of use” to prevent a land use approval from being void. On the petition, the Court found the hearings officer correctly considered the issue of whether land use was “initiated,” and there was a separate process for determining whether Petitioner was meeting the requirements of the conditional use permit (CUP). The Court reasoned the “binding and preclusive nature of a declaratory ruling” required limited scope. The Court concluded the remand was “unlawful in substance.” On petition, reversed; on cross-petition, affirmed.