Friends of Douglas County v. Douglas County
A decision approving a boundary line adjustment to a parcel under applicable standards does not “collaterally attack” the decisions that created the parcel under different standards, even if the adjusted parcel would not comply with those different standards.
Area(s) of Law:- Land Use
McAndrew v. Washington County
In order to bring assignments of error to LUBA, petitioners must raise their issues during the initial proceedings, otherwise, they are waived, under ORS 197.835(3) and ORS 197.763(1).
Area(s) of Law:- Land Use
City of Albany v. Linn County
OAR 661-010-0071(1)(c) states that LUBA shall reverse a land use decision where the decision “violates a provision of applicable law and is prohibited as a matter of law.” LLC 938.340(B) allows for variances which are “consistent with the city’s comprehensive plan,” LUBA found that this variance was not and it was, therefore, “prohibited as a matter of law.”
Area(s) of Law:- Land Use