Burton v. City of Cannon Beach

A petition for review must set forth each assignment of error, demonstrate preservation of error, and state the applicable standard of review. OAR 661-010-0030(4)(d).

The application at issue is for a setback modification for a single-family residence in the Residential Lower Density zone. The planning commission denied the application (the decision). Petitioner appealed the decision to the city council and the city council affirmed. Petitioner appealed the decision to LUBA. The Petition for Review did not separate the assignments of error but did separate quoted Cannon Beach Municipal Code by paragraphs along with a paragraph entitled “City Council Hearing” so LUBA assumed for the purposes of the opinion that the separate paragraphs were either assignments of error or subassignments of error.

OAR 661-010-0030(4)(d) requires that a petition sets forth each assignment of error, “demonstrate[s] that the issue raised in the assignment of error was preserved during the proceedings below”, and “state[s] the applicable standard of review”. The City argued that the assignments of error were not within LUBA’s scope of review because Petitioner did not demonstrate in the Petition for Review that the issues were raised below. LUBA held that Petitioner’s Petition for Review did not demonstrate that the issues were raised below and did not provide a basis for reversal or remand of the decision. Accordingly, LUBA denied Petitioner’s assignments of error.

Affirmed.