Oregon Land Use Board of Appeals

Opinions Filed in April 2024

Haugen v. City of Scappoose

Under ORS 197.797(9)(b), "evidence" is defined as facts, documents, or other information used to demonstrate compliance or noncompliance with relevant standards. Approval criteria for planned developments require the proposal to align with the comprehensive land use plan and be compatible with the surrounding area. Conditional use permits consider the site's suitability based on size, location, and natural features. Information on engineering issues, lot size feasibility, and project amenities relates to these criteria and is considered evidence.

Area(s) of Law:
  • Land Use

Ferguson Creek Investment v. Lane County

Petitioner appeals a hearing official’s decision denying an application for nonconforming use verification of a dwelling on an 82-acre property zoned Exclusive Farm Use.

Area(s) of Law:
  • Land Use

Meyer v. City of King City

"We do not find anything in this discussion that requires interpreting ‘protecting’ to the maximum extent possible to mean that the easement must be avoided at all costs, or that any impacts be de minimis.”

Area(s) of Law:
  • Land Use

Easterly v. City of Salem

Area(s) of Law:
  • Land Use

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