Oregon Coast Alliance v. Curry County
While LUBA cannot give effect to a severance clause included in a local government ordinance, the inclusion of a severance clause is not sufficient, on its own, to provide a basis for LUBA's remand of the ordinance.
Area(s) of Law:- Land Use
Bergmann v. City of Brookings
1) Where a local government fails to make a final decision within 120 days, and where the applicant does not engage in mediation, LUBA will find that the application is not terminated pursuant to ORS 227.181(2)(b) because the intention of the legislature was to "close a loophole", not allow the local government to "sandbag" a remanded application through inaction. 2) When an issue was not raised with sufficient detail during local proceedings, LUBA will find that the issue was waived. ORS 197.797(1).
Area(s) of Law:- Land Use
Ferguson Creek Investment v. Lane County
The continuation of a lawful nonconforming use on land zoned exclusive farm use (EFU) under ORS 215.130 is not inconsistent with ORS 215.213(1)(q) or ORS 215.219 allowing the “alteration, restoration or replacement of a lawfully established dwelling” on EFU-zoned land because a “continued” use and an “alteration, restoration or replacement” are two different activities which are not mutually exclusive.
Area(s) of Law:- Land Use