Oregon Land Use Board of Appeals

Opinions Filed in February 2015

The Flight Shop Inc. v. Deschutes County

Under Deschutes County Code 18.76, the Airport Master Plan, and the Airport Development Zone regulations, “Fuel Storage” is an outright permitted use without any approval criteria, and is not considered a “facility” under Chapter 5, Subchapter 5.6, Goal 16, Policy 16.2(h) of the county’s transportation system.

Area(s) of Law:
  • Municipal Law

H.T. Rea Farming Corp. v. Umatilla County

When a county has amended its development code to conform to provisions of an Oregon Administrative Rule, the county must apply its own development code rather than the rule in permit approvals; failure to specifically provide for expansion of a use in its own development code is not grounds for the county to rely solely on the Rule for approval.

Area(s) of Law:
  • Land Use

Squier v. Multnomah County

Repeal and re-adoption of county ordinances acknowledged to be in compliance with statewide planning goals, that do not materially alter the provisions of those ordinances, do not “de-acknowledge” those ordinances from compliance with those goals.

Area(s) of Law:
  • Land Use

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