ODFW v. Lake County
(1) The prevailing party before a planning commission need not file a local appeal in order to exhaust their administrative remedies under ORS 197.825(2)(a). (2) Issues raised before a planning commission are timely for purposes of the “raise it or waive it” requirement at ORS 197.763(1), even if those issues are not raised with the same specificity before the final decision-maker. (3) The fact that an administrative rule does not expressly require compliance to be determined in the same proceeding as all other criteria are applied does not mean that a deferred determination of compliance need not be based on substantial evidence submitted in a proceeding with minimum procedural and participatory rights. (4) While it is possible for a local government to find compliance where further technical studies are necessary, such findings must at least be based on a draft mitigation plan or similar evidence.
Area(s) of Law:- Land Use
Oregon Coast Alliance v. City of Bandon
(1) That a petitioner merely disagrees with a local government’s conclusions provides no basis for reversal or remand. (2) Absent some requirement to the contrary, where a city council explains its reasons for concluding that a certain criterion is met, it need not explain why it reached a different conclusion than the planning commission.
Area(s) of Law:- Land Use
Landwatch Lane County v. Lane County
Under ORS 215.417, any permits for residential development on resource land that received unlawful extensions prior to the effective date of the 2019 amendments to that statute have expired and may not be revived by virtue of those amendments.
Area(s) of Law:- Land Use