Oregon Land Use Board of Appeals

Opinions Filed in April 2015

Oregon Pipeline Company, LLC. v. Clatsop County

Consistent with OAR 660-006-0025(4)(q) and pursuant to ORS 197.835(9)(a)(D), a county may properly permit natural gas transmission lines in Agricultural Forest (AF) and Forest-80 (F-80) zones.

Area(s) of Law:
  • Land Use

Oregonians in Action Legal Center v. City of Lincoln City

In relation to the Lincoln City ordinances, LUBA clarified that the needed housing statute, ORS 197.303(1), did not extend to vacation homes, and that the Housing Element referencing “seasonal residents seeking shelter” was limited to part-time residents and excluded temporary tourists.

Area(s) of Law:
  • Municipal Law

Seabreeze Associates Limited v. Tillamook County

Statewide Planning Goal 10 (Housing) applies to rural unincorporated communities if residential lands in those communities were used in the county’s inventory of buildable lands required by Goal 10.

Area(s) of Law:
  • Land Use

LO 138 LLC v. City of Lake Oswego

The definition of “village character” in the Lake Oswego Downtown Redevelopment Design District does not create mandatory approval standards beyond those contained in the Lake Oswego Code.

Area(s) of Law:
  • Municipal Law

Smith v. City of Gearhart

Under Gearhart Zoning Ordinance 12.060(7), the city council must make a decision on review that includes findings and if remanded, a statement explaining the reasons; not reaching a vote constitutes failure to make the decision.

Area(s) of Law:
  • Municipal Law

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