1000 Friends of Oregon v. LCDC

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Land Use
  • Date Filed: 01-02-2014
  • Case #: A148592
  • Judge(s)/Court Below: Armstrong, P.J. for the Court; Nakamoto, J.; and Egan, J.
  • Full Text Opinion

LCDC had not adequately explained why inclusion of certain land in a UGB was supported by substantial reason and consistent with Statewide Land Use Planning Goals 9 and 14 and other rules.

In this periodic-review proceeding, the City of Woodburn amended its urban growth boundary (UGB) to include additional land to be put to industrial use. The Land Conservation and Development Commission (LCDC) approved the amendment. In a previous decision, the Court of Appeals concluded that LCDC's original order in this matter was inadequate for judicial review. On remand, LCDC approved the city's UGB amendment again. 1000 Friends of Oregon sought judicial review, challenging (1) LCDC's approval of the amount of land added to the UGB and (2) the inclusion of certain high-value farmland. The Court of Appeals held that under the unique circumstances of this case, regarding the first issue, the amount of land added to the UGB, LCDC had not adequately explained why inclusion of the land in the UGB was supported by substantial reason and consistent with Statewide Land Use Planning Goals 9 and 14 and other rules. Because of its disposition of the first issue the Court did not address the second issue. Reversed and remanded for reconsideration.

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