Truth in Site v. City of Bend
Plats are not “land use regulation[s]” under ORS 197.015(11), and are therefore are not reviewable by LUBA under ORS 197.828(2)(b) because challenges based thereupon provide no basis for reversal or remand of the decision.
Area(s) of Law:- Land Use
Northwest Trail Alliance v. City of Portland
LUBA should exercise review jurisdiction over a decision under the significant impacts test only if the petitioner identifies the non-land use standards that the petitioner believes apply to the decision and would govern LUBA’s review.
Area(s) of Law:- Land Use
Widgi Creek Homeowners v. Deschutes County
When an issue has been decided in a prior proceeding, the prior decision on that issue may preclude relitigation of the issue if five requirements are met: (1) the issue in the two proceedings is identical; (2) the issue was actually litigated and was essential to a final decision on the merits in the prior proceeding; (3) the party sought to be precluded had a full and fair opportunity to be heard on that issue; (4) the party sought to be precluded was a party or was in privity with a party to the prior proceeding; and (5) the prior proceeding was the type of proceeding to which preclusive effect will be given.
Area(s) of Law:- Land Use