McLaughlin v. Douglas County

Summarized by:

  • Court: Oregon Land Use Board of Appeals
  • Area(s) of Law: Municipal Law
  • Date Filed: 09-13-2017
  • Case #: 2017-051
  • Judge(s)/Court Below: Opinion by Bassham
  • Full Text Opinion

Under OAR 660-033-0140(3), an appeal of a decision to grant a one-year extension for a conditional use permit for a gas pipeline is not a land use decision recognized by ORS 197.015.

Petitioners appeal a decision granting a one-year extension for a conditional use permit for a natural gas pipeline, located on land zoned for agricultural or forest use. However, the central issue here is whether LUBA has jurisdiction over the challenged decision, pursuant to ORA 660-033-0140(3). Since petitioners have the burden of demonstrating that LUBA has jurisdiction over the appeal, the Board provided petitioners 14 days to do so. Instead, petitioners filed a motion to transfer the appeal to circuit court, pursuant to OAR 661-010-0075(11). LUBA found that petitioners did not meet their burden of demonstrating that LUBA had jurisdiction over the appeal. Therefore, petitioners’ motion to transfer the appeal to circuit court is granted. TRANSFERRED.