Oregon Land Use Board of Appeals

Opinions Filed in February 2024

Akiyama v. Tillamook County

Where petitioners do not file a conditional motion to transfer, and LUBA concludes it lacks jurisdiction, it will dismiss the appeal.

Area(s) of Law:
  • Land Use

Marquart v. City of Shaniko

Under ORS 227.178(2), if a local government does not provide adequate notice for its denial of an application, LUBA will remand.

Area(s) of Law:
  • Land Use

Widmer v. City of Troutdale

Where a petitioner does not meet their burden to show a local government’s decision was not based on the subjective “reasonable person” standard under ORS 197.835(9)(a)(C) as a matter of law nor show the evidence the local government relied on did not meet the reasonable person standard, LUBA will affirm.

Area(s) of Law:
  • Land Use

Central Oregon Landwatch v. Deschutes County

LUBA does not have jurisdiction over an application that the circuit court has reviewed for a petition for a writ of mandamus.

Area(s) of Law:
  • Land Use

Central Oregon Landwatch v. Deschutes County

LUBA does not have jurisdiction over an application that the circuit court has reviewed for a petition for a writ of mandamus.

Area(s) of Law:
  • Land Use

Saige Timber v. Linn County

The subject property is comprised of three units of land that are zoned Farm/Forest (F/F). The petitioner appeals a board of county commissioners decision affirming a planning commission decision approving two property line adjustments (PLAs). The board adopted the planning commission decision without holding a hearing. Affirmed.

Area(s) of Law:
  • Land Use

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