Oral Hull Foundation for the Blind v. Clackamas County

Summarized by:

  • Court: Oregon Land Use Board of Appeals
  • Area(s) of Law: Land Use
  • Date Filed: 08-28-2017
  • Case #: 2017-022
  • Judge(s)/Court Below: Opinion by Ryan
  • Full Text Opinion

Under ORS 197.830(2)(b), in order for a person to petition the board for review of a land use decision, the person must appear before the local government, special district or state agency orally or in writing.

Petitioner appeals the county’s decision approving a conditional use permit for a home occupation for events in a pole barn. In a separate order, LUBA concluded that petitioner lacked standing to appeal the county’s decision. Moreover, because petitioner failed to establish that it appeared during proceedings, LUBA is required by ORS 197.830(2)(b) to dismiss the appeal. DISMISSED