Van Dyke v. Yamhill County
Whether a land use matter is quasi-judicial or legislative depends on (1) whether the process is bound to result in a decision, (2) whether the making of the decision is bound to apply preexisting criteria to concrete facts, and (3) whether the matter is directed at a closely circumscribed factual situation or a small number of persons.
Area(s) of Law:- Land Use
Central Oregon Landwatch v. Deschutes County
Under RLUIPA, a county may not exclude churches from a Wildlife Area overlay zone while allowing nonreligious assemblies and institutions.
Area(s) of Law:- Land Use
Hunt v. City of the Dalles
LUBA must affirm a city’s interpretation of its own comprehensive plan and land use regulations if the interpretation is plausible and not inconsistent with their express language, purpose, or policy, even if petitioner presents or LUBA conceives a stronger interpretation.
Area(s) of Law:- Land Use
Blu Dutch LLC v. Jackson County
Under LDO 8.7.1(G), a fire safety inspection is not required prior to approving a forest dwelling application unless a fire agency comments on the application and recommends such an inspection prior to development approval and the county makes a finding that such measures are necessary to protect public safety.
Area(s) of Law:- Municipal Law
Elenes v. Deschutes County
Under ORS 197.829(2), in the absence of a reviewable interpretation, LUBA has discretion to determine whether a decision is correct or to allow local governments to interpret ambiguous code language in the first instance.
Area(s) of Law:- Land Use
Hood River Valley Residents’ Committee v. Hood River County
(1) LUBA must accept a local government’s interpretation of its land development code that is plausible and not inconsistent with the express language or purposes of or the policies underpinning the provisions at issue, (2) LUBA may not consider arguments raised for the first time on appeal, and (3) assignments of error directed at decisions other than the decision on appeal do not provide a basis for reversal or remand.
Area(s) of Law:- Land Use