Land Use Board of Appeals (1 summary)
Joy v. City of Ashland
1) The location of a particular issue within a set of findings is not dispositive, nor is the manner in which it is framed, so long as the issue is present and adequately addressed. 2) "[LUBA] will affirm a local government decision where a petitioner fails to acknowledge or challenge the findings adopted to address the issues petitioner attempted to raise below, Dion v. Baker County, 72 Or LUBA 18 307, 314-15 (2015), even where the findings adopted are that a particular issue is irrelevant. 3) Where a conclusion as to a broad array of circumstances is supported by substantial evidence, a conclusion as to a particular circumstance within that array is also supported by substantial evidence.
Area(s) of Law:- Land Use