Lowry v. City of Portland
Pursuant to OAR 661-010-0030(1), a petition for review must be filed with LUBA "within 21 days after the date the record is received or settled by [LUBA]" and a failure to timely file a petition for review, or an extension under OAR 661-010-0067(2), "shall result in dismissal of the appeal and forfeiture of the filing fee and deposit for costs to the governing body[.]"
Area(s) of Law:- Land Use
Rogue Advocates v. Josephine County
If a party’s assertion is cited as an important justification for a plan amendment (e.g., the need for more aggregate sites), and that assertion is essential to a finding of compliance with Josephine County Rural Land Development Code 46.040(D)(2)(which provides that “[t]he more [a] change introduces inconsistent densities and uses into an area, the greater the burden on the applicant to justify the basis for the change”), then there must be substantial evidence on the record to support the assertion.
Area(s) of Law:- Municipal Law
Preserve the Pearl LLC v. City of Portland
Under ORS 197.829(1) and Siporen v. City of Medford, 349 Or 247 (2010), a local government can plausibly interpret its own land use regulations by first considering and then choosing between (or harmonizing) conflicting provisions; a local government’s plausible interpretation must be affirmed unless the interpretation is inconsistent with all of the “express language” that is relevant to the interpretation, or is inconsistent with the purposes or policies underpinning the regulations.
Area(s) of Law:- Land Use
Gould v. Deschutes County
In determining whether failure to comply with conditions of approval are the "fault of the applicant" under Deschutes County Code (DCC) 22.36.020(A)(3), the county's decision to limit its consideration to the complexity of the county's multi-step destination resort approval process is an implausible interpretation of the DCC.
Area(s) of Law:- Municipal Law
Delta Property Company v. Lane County
LUBA must affirm a local government's interpretations of its own land use legislation unless the interpretation is not "plausible" according to the Supreme Court's decision in Siporen v. City of Medford, 349 Or 247 (2010), or unless one of the exceptions set out in ORS 197.829(1) apply.
Area(s) of Law:- Land Use
Devin Oil Co. v. Morrow County
Morrow County Zoning Ordinance (MCZO) 3.090(C)(3) (prohibiting certain “meeting places” within the Aircraft Approach Overlay) does not implement OAR 660-013-0080(1)(a) (requiring local governments to adopt airport compatibility requirements that prohibit “public assembly uses” within the Runway Protection Zone) because MCZO 3.090(C)(3) was adopted in 1980, sixteen years prior to promulgation of OAR 660-013-0080(1)(a); accordingly, so long as the county interprets “meeting place” in a manner consistent with the express language of the MCZO, the county’s interpretation must be affirmed pursuant to ORS 197.829(1)(a), regardless of the definition of “public assembly uses” set out at OAR 660-013-0020(5).
Area(s) of Law:- Municipal Law
Oregon Coast Alliance v. City of Brookings
Pursuant to ORS 197.829(1)(d), a local government’s interpretation of one of its comprehensive plan provisions, e.g., a policy, cannot be contrary to the language of the land use goal that the comprehensive plan provision implements.
Area(s) of Law:- Land Use
Bend/Sisters Garden RV Resort v. City of Sisters
Pursuant to Sisters Municipal Code (SMC) 5.24.115(1), “[n]o person or other entity shall engage, conduct[,] or participate in the business of a transient merchant in the City without first obtaining a temporary business license,” unless otherwise permitted under SMC 5.24.115(5) because “the transient merchant activity is held in conjunction with a special event for which the sponsoring organization has already secured a special event permit from the City.”
Area(s) of Law:- Municipal Law
Phillips v. City of Happy Valley
Notwithstanding the Oregon legislature’s intent for “ORS 197.830(3) to expand the time to file a notice of intent to appeal to LUBA . . . when a hearing is not held in some circumstances or when a party is precluded from participating in a quasi-judicial land use hearing because the notice of the hearing is defective under state law,” ORS 197.830(3)(b) does not operate to expand the time for filing an appeal where a hearing is held.
Area(s) of Law:- Land Use