Central Oregon Landwatch v. Jefferson County

he criteria under OAR 660-004-0020(4) do not apply where a proposal does not seek to have land added to a designated unincorporated rural community.

Appellant petitions for judicial review of a final order of the Land Use Board of Appeals (LUBA) that remanded Jefferson County’s decision approving appellant’s application for a plan map amendment and zone change. Appellant raises three assignments of error: (1) that LUBA erred when it failed to address their argument that LandWatch waived its ability to challenge the findings regarding the Goal 14 irrevocably committed exception; (2) that LUBA erred when it determined the county was required to evaluate petitioner’s application under the criteria that apply to a decision under OAR 660-004-0020(4) to “expand” an unincorporated rural community; and (3) that LUBA erred in determining the county’s findings and statement of reasons as to the Goal 14 irrevocably committed exception were inadequate for review. The Court of Appeals held that the county’s original findings and statements were insufficent for review, but held that LUBA erred in requiring the county to apply the criteria for determining whether to expand an unincorporated community because the criteria under OAR 660-004-0020(4) do not apply where a proposal does not seek to have land added to a designated unincorporated rural community. REVERSED AND REMANDED AS TO THE DETERMINATION THAT THE COUNTY MUST APPLY OAR 660-004-0020(4) AND OAR 660-004-0022(4) TO PETITIONER’S APPLICATION; OTHERWISE AFFIRMED.