Laurel Hill Valley Citizens v. City of Eugene

“[T]he exact nature and extent of the role played by any [refinement plan] policy depends, presumably, on the actual text and context of the particular policy.” Bothman v. City of Eugene, 51 Or LUBA 426, 439 (2006).

Petitioner appealed the City of Eugene’s approval of the street system for a planned unit development.  Petitioner argued that the system violated the development plan for the area.  Specifically, Petitioner asserted that the Glenwood Collector Policy (Policy) prohibited “any street connection between the Glenwood Collector and 30th Avenue.”  In response, the city defended its interpretation of the Policy as correct.  “[T]he exact nature and extent of the role played by any [refinement plan] policy depends, presumably, on the actual text and context of the particular policy.”  Bothman v. City of Eugene, 51 Or LUBA 426, 439 (2006).  The Board found that the Policy provided that the Glenwood Collector was intended to “terminate and diffuse into other roads serving the area.”  The Board then determined that “diffuse” meant “to spread out” and “to break up and distribute.” Finally, the Board concluded that the city correctly interpreted the Policy to allow for indirect connections between the Glenwood Collector and 30th Avenue through local residential streets.  The city’s decision was affirmed.