Wolcott v. Lane County

ORS 197.830(6) does not necessarily prohibit counties from considering the finality, nature, and effect of the decision in resolving the issues raised by a petitioner’s application.

Petitioners appeal a county decision denying their application for a forest template dwelling. The property in question is a vacant 10-acre parcel zoned as Impacted Forest Land. Petitioners applied for a forest template dwelling with the county, pursuant to Lane County Code 16.211(5). This statute requires applicants to demonstrate that the lot or parcel which the dwelling will be built on was lawfully created. The planning director, hearings officer, and eventually the board of county commissioners denied the application, determining that the subject property was not lawfully created.

On the second assignment of error, petitioners argue that the 2003 legal lot verification decision was a final decision, and that the decision was appealable to LUBA. Petitioners maintain that because the decision was not appealed, the decision is now final, thus the county cannot collaterally attack the finality of the 2003 legal lot verification decision in the process of evaluating petitioners’ application for a forest template dwelling. LUBA disregards this argument on the grounds that statutory appeal deadlines play no role in this case. Further, LUBA determines that even if the 2003 decision was a final land use decision, it is not clear as to whether ORS 197.830(6) would prohibit the county from considering the finality, nature and effect of the decision in resolving the issues raised by petitioners. Therefore, LUBA agrees with respondent, and denies the second assignment of error. AFFIRMED.