Oregon Land Use Board of Appeals

Opinions Filed in May 2015

Oakleigh-McClure Neighbors et al v. City of Eugene

Failure to provide an intervening party with notice of a hearings officer’s decision and with notice of an appeal hearing prejudices the intervening party’s right to participate in the planning commission hearing on the appeal of that hearings officer’s decision.

Area(s) of Law:
  • Land Use

Oregon Coast Alliance v. Curry County

Under OAR 660-033-0130(2)(a), “design capacity” cannot be properly determined based on the applicant’s representations under normal operation regarding the number of likely users of a structure (e.g., a proposed golf course).

Area(s) of Law:
  • Land Use

Stavrum v. Clackamas County

Clackamas County Zoning and Development Ordinance (ZDO) 309.03(F) specifically addresses the exact use and definition of “stables,” and allows non-commercial stables as a primary use (as contrasted with ZDO 309.05(A)(14), which treats commercial stables as a conditional use).

Area(s) of Law:
  • Municipal Law

Stevens v. City of Island City

Island City Development Code (ICDC) 2.02(E) does not require the city council to defer to an interpretation made by the planning official or planning staff, nor does ICDC 2.02(E) require the city council to end the interpretative process at the planning official’s desk.

Area(s) of Law:
  • Municipal Law

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