1000 Friends of Oregon v. City of Portland

In this appeal, the issue is whether LUBA’s order to transfer the case to circuit court was “unlawful in substance or procedure” ORS 197.850(9)(a). Under judicial review, the Court found that the city approved the permit under “clear and objective land use standards” and was not subject to LUBA jurisdiction.

Petitioners appeal a LUBA order to transfer a case for a warehouse building permit to circuit court. LUBA removed the case because it found they had no jurisdiction to hear the merits of the appeal because the facts did not constitute a “land use decision”, but rather a decision of local government under ORS 197.015(10)(b)(B). In this appeal, the issue is whether LUBA’s order to transfer the case to circuit court was “unlawful in substance or procedure,” ORS 197.850(9)(a). Under judicial review, the Court found that the city approved the permit under “clear and objective land use standards” and was not subject to LUBA jurisdiction. ORS 197.015(10)(b)(B). While petitioners argued that the city codes were ambiguous as to intervenor’s requirements for buildings, the Court found that the language was clear. Because only one interpretation of the Portland City Code Title 33 "Planning and Zoning" ordinances is offered by the parties in this dispute, the codes are unambiguous. Further, the petitioners did not offer any other plausible interpretations for the city codes to support their argument. Therefore, the city’s approval was not erroneous under the clear and objective land use standard, and LUBA correctly removed the case to court because the board lacked jurisdiction to hear the appeal. Motion denied as moot; AFFIRMED.