LandWatch Lane County v. Lane County

"A county or city may approve an application to validate a unit of land that was created by a sale that did not comply with the applicable criteria for creation of a unitof land if the unit of land is not a lawfully established unit of land, and could have complied with the applicable criteria for the creation of a lawfully established unit of land in effect when the unit of land was sold." ORS 92.176

The dispute centers around a piece of property that received verification and a bill containing a provision which is at issue in this case. The issue is whether the Land Use Board of Appeals (LUBA) erred in determining that HB 3362(4)(1)(a) did not authorize petitioner’s challenge to the verification. "A county or city may approve an application to validate a unit of land that was created by a sale that did not comply with the applicable criteria for creation of a unitof land if the unit of land is not a lawfully established unit of land, and could have complied with the applicable criteria for the creation of a lawfully established unit of land in effect when the unit of land was sold." ORS 92.176. The Court found that LUBA did not err in determining that House Bill 3362(4)(1)(a) did not authorize petitioner's challenge to the verification decision. The Court reasoned that the provision's reference to a legal lot verification under ORS § 92.176 was unintelligible, which meant that it was inoperative. The Court held that HB 3362’s provision authorizing a challenge to legal lot verification had no legal effect and therefore affirmed the Land Use Board of Appeals’ decision.