Oregon Land Use Board of Appeals

Opinions Filed in September 2024

Schulke v. City of Salem

"The city council's interpretation of SRC 702.020(b)(2)(A)'s purpose of providing buffering between multi-family and single-family development through a combination of increased distance, landscaping, and screening, without regard to the purpose of a different provision in the SRC that also addresses landscaping, is plausible and consistent with the express language of SRC 250.005, which requires consideration of the 'purpose underlying the specific development standard proposed for adjustment.'"

Area(s) of Law:
  • Land Use

Klemp v. Andrach

Under ORS 107.106 and ORS 107.820, a trial court must address life insurance as security for child support but has discretion not to order it.

Child support obligations are a rebuttable presumption if the obligated parent presents probative evidence that the guideline amount is unjust or inappropriate. ORS 25.280.

Area(s) of Law:
  • Family Law

Neice v. Prosper Portland

LUBA lacks common law jurisdiction under ORS 197.850(9)(a) without a significant impact on land use.

Area(s) of Law:
  • Land Use

Oregon Coast Alliance v. City of Bandon

"We agree with intervenors that the city's findings adequately address the raw water storage issue and the city's finding that adequate water is available to serve Gravel Point is supported by substantial evidence."

Area(s) of Law:
  • Land Use

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