Thomas v. Wasco County

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Civil Law
  • Date Filed: 03-01-2017
  • Case #: A155158
  • Judge(s)/Court Below: Hadlock, C. J. for the Court; Tookey, P.J.; Haselton, S.J.
  • Full Text Opinion

Under ORS 433.745 and ORS 433.750, an applicant for an outdoor-mass-gathering permit is not required to demonstrate compliance with land use laws. Those statutes do not require a county to consider an applicant’s compliance with land use laws in evaluating an application for an outdoor-mass-gathering.

Petitioner appealed from a judgment of the circuit court dismissing his petition for a writ of review on the grounds that the county was not required to determine compliance with land use laws as part of its permitting of an outdoor mass gathering. On appeal, petitioner argued that the permit could not be granted in the absence of evidence that respondents had the necessary land use approvals to comply with the health and safety conditions for the permit. An application for an outdoor-mass-gathering permit

does not specify that the applicant must demonstrate compliance with land use regulations. Under ORS 433.745 and ORS 433.750, an applicant for an outdoor-mass-gathering permit is not required to demonstrate compliance with land use laws. Additionally, those statutes do not require a county to consider an applicant’s compliance with land use laws in evaluating an application for an outdoor mass gathering. The circuit court correctly entered judgment for Respondents on the writ of review petition but that it erred in dismissing the second claim of petitioner’s second amended complaint in the declaratory judgment action. Judgment dismissing the declaratory judgment was dismissed and remanded. Otherwise, affirmed.

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