Gould v. Deschutes County
Under Deschutes County Code, 22.36.020(A), the two pronged approach to determine whether development action has been “initiated” under a land use approval to “substantially exercise” all required conditions must be taken as a whole and not individually whereas “fault of the applicant “ does need to be applied to each condition.
Area(s) of Law:- Municipal Law
Pioneer Asphalt Inc. v. Umatilla County
Under OAR 660-023-0180(5)(g), the term “currently approved” can be supported by substantial evidence that the operator held a conditional use permit issued by the county, and the operator is in good standing with the conditions placed on the permit.
Area(s) of Law:- Land Use
Dilley et al v. City of North Bend
Under North Bend City Code, 18.92.020, filling out a sign-in sheet to receive notice of the decision can be considered “requested notice” to satisfy the requirement of establishing “party status” to appeal.
Area(s) of Law:- Appellate Procedure
S. St. Helens LLC v. City of St. Helens
Under St, Helens Municipal Code 17.32.140(2)(i), the city’s construction of the term “natural mineral resources development” to characterize “rock” as a “mineral” is acceptable, particularly where the city has adopted the normal dictionary definition as a rule of construction and the proposal at issue seeks to remove an amount of rock one hundred times greater than the quantity considered as “surface mining” under ORS 517.755(15)(a).
Area(s) of Law:- Municipal Law
LaBare v. Clackamas County
Under Clackamas County ZDO 1107.04(B)(2)(b) “each property” refers back to the two units of property that are the subject of the property line adjustment application.
Area(s) of Law:- Municipal Law
Oregon Coast Alliance v. City of Brookings
The appropriate time for a determination of whether development allowed under proposed zoning will comply with statewide planning goals is when the zoning is adopted.
Area(s) of Law:- Land Use
Phillips v. City of Happy Valley
Under ORS 197.830(3), an extension for the deadline of filing a notice of intent to appeal is not available when the city provided notice of a hearing and then adopted an ordinance consistent with the notice and hearing.
Area(s) of Law:- Appellate Procedure
Carver v. Washington County
Under OAR 661-010-0010(3), the date of decision for purposes of filing a notice of intent to appeal is the signing date of the decision despite a different date contained in the notice of decision sent to a party.
Area(s) of Law:- Appellate Procedure