Oregon Land Use Board of Appeals

Opinions Filed in March 2019

Central Oregon Landwatch v. Deschutes County

Where a plan amendment merely expands the allowable locations that could be the subject of future applications to apply particular plan designations, the local government need not adopt findings of compliance with the statewide planning goals if it is clear that those future applications themselves will be required to demonstrate consistency with the goals.

Area(s) of Law:
  • Land Use

Tilla Bay Farms, Inc. v. Tillamook County

Under TCLUO 1.060(1), just because a proposed use is specifically identified in some zones does not mean the county may not make a similar use determination regarding whether that use is allowed in other zones.

Area(s) of Law:
  • Land Use

Hulme v. City of Eugene

Under EC 9.2751(1)(b), areas which are neither in residential use nor reserved for the exclusive use of the residents in a development may still be included in a net density calculation if they are used exclusively to support the residential use of the property.

Area(s) of Law:
  • Land Use

Portland General Electric Company v. City of West Linn

Under ORS 197.803(3)(b), a person adversely affected by a local land use decision may not delay the 21-day appeal period by simply failing to read the decision, recognize that it could be a land use decision, or timely transmit a copy to its attorney. Possession of a copy of the decision is sufficient to establish that the person “knew” of the decision for purposes of the statute.

Area(s) of Law:
  • Land Use

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