George v. Lincoln County

ORS 475B.063(3) provides that “[a] city or county action concerning a land use compatibility statement [LUCS] . . . is not a land use decision for purposes of ORS chapter 195, 196, 197 or 215.” While ORS 197.825(1) grants LUBA jurisdiction over any “land use decision,” under ORS 475B.063(3), LUBA lacks jurisdiction to review city or county actions concerning a LUCS.

Petitioner appeals a land use compatibility statement (LUCS) that was issued after petitioner applied for an Oregon Liquor Control Commission (OLCC) for a retail marijuana license. The challenged LUCS determined that petitioners land use is prohibited under the Lincoln County’s Tourist Commercial (C-T) zone.

ORS 475B.063 provides that cities or counties must issue a LUCS prior to OLCC issuance of a marijuana production, processor, wholesale, or retail license. Further, ORS 475B.063(3) provides that “[a] city or county action concerning a land use compatibility statement under this section is not a land use decision for purposes of ORS chapter 195, 196, 197 or 215.” Thus, while ORS 197.825(1) grants LUBA jurisdiction over any “land use decision,” ORS 475B.063(3) unambiguously exempts city or county land use decisions concerning a LUCS from the definition of a “land use decision” provided in ORS 197. Accordingly, the county decision was not a “land use decision” under ORS 197 and LUBA lacked jurisdiction to review the challenged county decision. DISMISSED.