Sears v. City of Cannon Beach
An action subsequent to adoption of a challenged decision that supplants, revokes, or rescinds the decision may render an appeal to LUBA moot (e.g., an appeal may be moot if the local government withdraws the decision challenged in the appeal).
Area(s) of Law:- Land Use
Bartlett v. City of Portland
Under OAR 661-010-0015(1)(a), a notice of intent to appeal (NITA) must be filed with LUBA within 21 days of the date the local government's land use (or limited land use) decision became final; where a petitioner sends a NITA via certified mail within the 21 days, but mails it to an address other than LUBA's current address and as a result LUBA ultimately receives the NITA outside of the 21-day period, the petitioner's appeal will be dismissed as untimely filed.
Area(s) of Law:- Land Use
Kandu Ranch, LLC v. Jackson County
ORS 197.665(3), consistent with ORS 215.283(2)(o), allows local governments to approve “a residential home in an existing dwelling” in exclusive farm use (EFU) zones, whereas a “residential facility” is only allowed in residential zones; accordingly, a local government’s approval of an application for a “residential facility” in an EFU zone will be grounds for reversal, pursuant to OAR 661-010-0071(1)(c), as a “violat[ion] of applicable law and [. . .] prohibited as a matter of law.”
Area(s) of Law:- Land Use
Pennock v. City of Bandon
Under ORS 197.835(3), LUBA's review is limited to the record unless one of the circumstances identified in ORS 197.835(4) applies; when a party relies upon extra-record evidence, that party must argue that one of the circumstances identified in ORS 197.835(4) applies or, absent such an argument, LUBA's review will remain limited to the record.
Area(s) of Law:- Land Use
Friends of Yamhill County v. Yamhill County
Pursuant to OAR 661-010-0021(5)(e), when a petitioner fails to file an amended notice of intent to appeal, or fails to refile an original notice of intent to appeal, as provided in OAR 661-010-0021(5)(a), then that appeal will be dismissed.
Area(s) of Law:- Land Use
Stop the Dump Coalition v. Yamhill County
ORS 215.296(1) requires a local government to find that a proposed use will not force significant changes in accepted farm practices, or significantly increase the cost of such practices, on land surrounding the use; in evaluating potential forced changes or cost increases, a local government cannot disregard opponent testimony merely because the testimony does not quantify a cost increase or the precise nature and extent of changes in accepted farm practices, nor can a local government shift the burden of demonstrating noncompliance with ORS 215.296(1) to the opponent.
Area(s) of Law:- Land Use
Oregon Department of Fish and Wildlife v. Crook County
Although not an express requirement under ORS 197.835(9)(a)(B), LUBA has always required that parties object to procedural errors at the local level, if there was an opportunity to object, so that the local government has an opportunity to correct the alleged procedural errors; it follows that where a party has opportunity to object but fails to do so, that party cannot assign error at LUBA based on those procedural errors. Confederated Tribes v. City of Coos Bay, 42 Or LUBA 385, 391-92 (2002); Torgeson v. City of Canby, 19 Or LUBA 511, 519 (1990); Mason v. Linn County, 13 Or LUBA 1, 4 (1984), aff’d 73 Or App 334 (1985); Meyer v. Portland, 7 Or LUBA 184, 190 (1983), aff’d 67 Or App 274 (1984); Dobaj v. Beaverton, 1 Or LUBA 237, 241 (1980).
Area(s) of Law:- Land Use
Dion v. Baker County
Pursuant to ORS 197.825(2)(a) and Miles v. City of Florence, 190 Or App 500 (2003), a petitioner must adequately specify the reasons for appeal in the petitioner’s notice of appeal to the local government; if a petitioner fails to adequately raise and exhaust issues during the local appeals process before appealing to LUBA, the petitioner will, in turn, have waived the opportunity to raise such issues before LUBA.
Area(s) of Law:- Land Use