Oregon Land Use Board of Appeals

Opinions Filed in March 2015

Smalley v. Benton County

Under ORS 215.306, “on-site filming” which does not require approval in EFU zones does not include the filming of events for documentary purposes where the event is the primary purpose and the filming of the event is secondary, particularly when the recording is not created for public distribution.

Area(s) of Law:
  • Land Use

Mackenzie v. City of Portland

When a petitioner withdraws a petition for appeal, the arguments made in that appeal are waived with respect to a different petitioner who attempts to incorporate those arguments without having preserved the issue themselves.

Area(s) of Law:
  • Appellate Procedure

Rogue Advocates v. Jackson County

When a hearings officer’s decision is not required to specify the precise nature and extent of a nonconforming use, findings that would be relevant to a future application are dicta which do not provide a basis for reversal or remand on a challenge to the sufficiency of the evidence.

Area(s) of Law:
  • Land Use

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