Neice v. Prosper Portland

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

Petitioners sought review of a Land Use Board of Appeals (LUBA) final order dismissing their challenge to Prosper Portland’s Resolution 7512. The resolution granted the City of Portland a use permit for a navigation center for unhoused individuals. Petitioners argued LUBA erred in dismissing their challenge for lack of common law jurisdiction. Petitioners contended that LUBA’s dismissal was erroneous because the navigation center had significant impacts on land use by increasing crime and violence, which altered the neighborhood’s land use status quo. The Respondents maintained the alleged impacts on land use were insufficient to invoke LUBA’s common law jurisdiction. Under ORS 197.825(1) and ORS 197.850(9)(a), LUBA’s jurisdiction extends to statutory land use decisions and, under common law, to local government actions that have a significant impact on the land use status quo by altering the use or designation of land. The burden of demonstrating jurisdiction lies with the party seeking review.  The Court found that increases in crime and violence are not tied to the use or designation of land in a manner that affects the land use status quo. Resolution 7512 did not alter permitted land uses, and prior decisions already addressed the navigation center’s land use compliance. The Court held LUBA properly dismissed the challenge to Resolution 7512 for lack of jurisdiction. AFFIRMED.