McLoughlin Neighborhood Association v. City of Oregon City
(1) In the absence of specific requirements from LUBA or procedures adopted by the local governments themselves, local governments have discretion to determine the preferred method of resolving decisions on remand. (2) A local government’s adoption of a historic resource regulatory scheme is not necessarily an implied waiver of statutory rights to refuse consent to historic designations of local government-owned property. (3) A city manager’s authority to exercise “supervision over all city property” is sufficiently broad to include the authority to refuse to consent to historic designation of city-owned property. (4) ORS 197.772(1) authorizes both public and private property owners to refuse to consent to historic designation of their property.
Area(s) of Law:- Land Use
Landwatch Lane County v. Lane County
Only when a property’s soil type does not meet the definition of “agricultural land” is the local government to look to other factors in determining whether to classify land as “agricultural land.”
Area(s) of Law:- Land Use
Patel vs. City of Portland
Under PCC 33.430.280, “site-related” development standards include height and setback standards as being consistent with the purposes of environmental zones and review.
Area(s) of Law:- Municipal Law
King v. Deschutes County
Under DCC 18.116.330(B)(10)(a) and (b), the county must find a proposed marijuana production facility will not unreasonably interfere with the neighbor’s use and enjoyment of their property. The finding must be supported by a report from a licensed engineer.
Area(s) of Law:- Municipal Law