Altamont Homeowners' Association Inc. v. City of Happy Valley

Summarized by:

  • Court: Oregon Land Use Board of Appeals
  • Area(s) of Law: Land Use
  • Date Filed: 12-28-2017
  • Case #: 2017-050
  • Judge(s)/Court Below: Opinion by Ryan
  • Full Text Opinion

Under ORS 197.805 LUBA decisions must be made consistently with sound principles of judicial review. LUBA has dismissed appeals when it determines the appeal becomes moot.

The challenged decision approves intervenor’s petition to annex a 7.04-acre of land owned by intervenor and a 70-foot wide by 1,290-foot long portion of S.E. Johnson Creek Boulevard, which is owned and controlled by Clackamas County. Derby-Heinze Partnership (Derby-Heinze) owners of four properties totaling approximately 2.32 acres adjacent to the portion of S.E. Johnson Creek Boulevard was also originally included in the annexation petition. On April 18, 2017, the city council adopted Ordinance 516, annexing the 12.33 acres comprising of intervenor’s property, a portion of S.E. John Creek Boulevard, and Derby-Heinze properties into the city. The central issue on appeal is whether petitioner’s appeal of Ordinance 56 is moot if the voters fail to ratify the annexation.

Petitioner moved to suspend the LUBA appeal pending the outcome of the special election. The motion was denied. The election resulted in the voters failing to ratify the annexation and rescinded Ordinance 516. Petitioner argued the election results rendered the appeal moot because any decision by LUBA on the annexation applications would have no practical effect. LUBA agrees with petitioner that voters’ disapproval of the annexation has rendered any decision of Ordinance 516 without practical effect and therefore, moot. DISMISSED.