Group B, LLC v. City of Corvallis
Under ORS 197.307(4), “a local government may adopt and apply only clear and objective standards, conditions and procedures regulating the development of needed housing on buildable land” and where a local government must interpret a provision of a land use regulation such a land use regulation is not clear and objective unless the local government proves otherwise.
Area(s) of Law:- Land Use
Lenahan v. Wallowa County
Subsection (3)(a) of section 11 of Measure 49 provides that a new lot or parcel on resource land may not exceed two acres if the lot or parcel is located on high-value farmland, and, pursuant to ORS 195.318(1), a determination by a public entity under sections 5 to 11 of Measure 49 is not a “land use decision” as defined in ORS 197.015(1)(a)(A).
Area(s) of Law:- Land Use
Central Oregon Landwatch v. Deschutes County
Under OAR 660-023-0180(5)(a), a petitioner must establish that “factual information indicates significant potential conflicts” with agricultural practices such that the 1,500 foot impact area under the rule should be enlarged.
Area(s) of Law:- Land Use
Central Oregon Landwatch v. Deschutes County
ORS 215.283(2)(c) demonstrates that the adjective “private” is intended to distinguish privately-owned and managed recreational lands from publicly-owned and managed recreational lands, rather than pertaining to the exclusion of the public in general.
Area(s) of Law:- Land Use
Graser-Lindsey v. City of Oregon City
Under Oregon City Comprehensive Plan Policy 14.3.4, the entity responsible for a new development must bear the cost of providing new public services and improvements to existing public services resulting from the new development to the maximum extent allowed under state law for Systems Development Charges.
Area(s) of Law:- Municipal Law
Devin Oil Co. v. Morrow County
A petitioner is “adversely affected” when a local land use decision impinges upon the petitioner’s use and enjoyment of his or her property, or otherwise detracts from interests personal to the petitioner (adverse affects may include noise, odors, increased traffic, and potential flooding).
Area(s) of Law:- Land Use