Oregon Land Use Board of Appeals

Opinions Filed in September 2018

Harris v. Marion County

Under MCC 17.136.060(A)(2), it is unclear whether police services are “rural services” for purposes of approving a conditional use permit.

Area(s) of Law:
  • Municipal Law

Friends of Douglas County v. Douglas County

In determining whether the subject property is “agricultural land” under OAR 660-033-0020(1)(b), a county must address whether it is “adjacent to or intermingled with lands in capability classes I-IV/I-VI within a farm unit.”

Area(s) of Law:
  • Land Use

Landwatch Lane County v. Lane County

While the unlawfulness of a parent parcel does not taint a parcel that was subsequently created lawfully, it is unclear whether a remainder parcel of an approved subdivision can be considered to have received county approval for purposes of legal verification.

Area(s) of Law:
  • Land Use

Johnson v. City of Portland

Nothing in PCC 33.33.030.D or PCC 33.855.070A.2 evidences an intent by the city to delegate ultimate responsibility for deciding map error correction applications to BDS or to make a BDS decision the city’s final decision on such an application.

Area(s) of Law:
  • Municipal Law

Back to Top