- Court: Oregon Court of Appeals
- Area(s) of Law: Land Use
- Date Filed: 10-18-2017
- Case #: A165111
- Judge(s)/Court Below: Egan, P.J. for the Court; DeHoog, J.; & James, J.
- Full Text Opinion
Petitioner requested review of a final order from the Land Use Board of Appeals (LUBA) that remanded back to the City of Eugene a decision that allowed a site plan to build a hotel. Petitioner assigned error to LUBA remanding the decision instead of reversing because respondent Valley Hospitality LLC (Valley) did not properly raise an issue regarding street-tree planting requirements. Valley asserted that LUBA acted properly because there was an issue regarding the street-tree standard that Valley raised before the City that could be addressed on remand. LUBA may remand a decision to a local governing body when that issue has been raised under a local ordinance. Smith v. Douglas County, 93 Or App 503, 763 P2d 169 (1988), aff’d, 308 Or 191, 777 P2d 1377 (1989); OAR 661-010-0071. A decision by LUBA to remand to a local governing body is not “unlawful in substance” if the issues are properly raised before the local governing bodies. ORS 197.850(9)(a). The Court of Appeals held LUBA acted properly because there remained an issue regarding the street-tree ordinance that was raised before the City and could be resolved by a remand to the City. Affirmed.