Friends of French Prairie v. Oregon State Board of Aviation

Under ORS 197.015(10)(a)(B), a letter from a state agency which merely conveys facts about events that have already occurred is not a final decision and, therefore, not a land use decision for purposes of establishing LUBA’s jurisdiction.

Petitioners wrote a letter to the Oregon Department of Aviation (ODA) asking whether, and if so when, the Oregon Aviation Board (OAB) adopted the current Aurora Airport Master Plan. The ODA wrote a letter to petitioners stating that, while the most recent Master Plan was completed in 2012, it was not submitted to the OAB. Later, the ODA sent a second letter to petitioners stating that the OAB had actually adopted the current Master Plan in 2011. This appeal followed.

LUBA has jurisdiction over land use decisions. Under ORS 197.015(10)(a)(B), a land use decision includes the final decisions of most state agencies that require the agency to apply the statewide land use planning goals. Arguing that the second letter was not a land use decision, the ODA moved to dismiss the appeal. Petitioners responded that the second letter was a land use decision because it incorrectly stated that the OAB approved the Master Plan in 2011. LUBA agrees with the ODA that, regardless of its accuracy, the second letter merely conveyed facts about events that have already occurred and was therefore not a final decision. In addition, even if the second letter were a final decision, LUBA agrees with the ODA that petitioners have not established that it was a decision that required the agency to apply the statewide land use planning goals. The appeal is therefore DISMISSED.