Devin Oil Co., Inc. v. Morrow County

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Land Use
  • Date Filed: 12-30-2015
  • Case #: A160178
  • Judge(s)/Court Below: Sercombe, P.J., for the Court; Wollheim, S.J.; & Tookey, J.
  • Full Text Opinion

Under ORS 197.830(3), a person or party adversely affected by a land use decision that is made without a public hearing has standing to appeal that decision to LUBA. A party is adversely affected by such a decision only when the allowed land use impinges upon that party’s property or personal interests.

Devin Oil Co. (Devin Oil), appealed a Land Use Board of Appeals (LUBA) dismissal of Devin Oil’s appeal for lack of standing. Under ORS 197.830(3), "a person [or party] adversely affected by" a land use decision that is made without a public hearing has standing to appeal the decision to LUBA. A party is “adversely affected by” a land use decision under ORS 197.830(3) when the operation of the allowed land use decision impinges upon that party’s property or personal interests. However, mere dissatisfaction with a land use decision does not qualify as an adverse effect under ORS 197.830(3). The Court found that Devin Oil did not show that it was adversely affected by Morrow County’s decision, and therefore lacked standing to appeal the decision to LUBA. Affirmed.

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