Glenwood 2006, LLC v. City of Beaverton

Summarized by:

  • Court: Oregon Land Use Board of Appeals
  • Area(s) of Law: Land Use
  • Date Filed: 09-21-2017
  • Case #: 2017-026
  • Judge(s)/Court Below: Opinion by Holstun
  • Full Text Opinion

ORS 197.825 limits LUBA’s jurisdiction to land use decisions. ORS 197.015(10)(a) defines a land use decision as a final decision that concerns the application of a comprehensive plan or land use regulation.

In this appeal (LUBA No. 2017-026), petitioner appeals a building permit decision. Intervenor moves to dismiss this appeal, claiming the building permit is not a land use decision that is subject to LUBA review. Intervenor claims the city applied no land use standards in approving the building permit. LUBA agrees with intervenor, stating that the building permit did not apply, and does not appear to have been required to apply the land use standards identified at ORS 197.015(10)(a). Thus, LUBA does not have jurisdiction to review this appeal. Because petitioner moves to transfer this appeal to circuit court if LUBA determines it lacks jurisdiction, LUBA grants the motion, and transfers LUBA No. 2017-026 to Washington County Circuit Court. TRANSFERRED.