Oregon Land Use Board of Appeals

Opinions Filed in March 2023

Beath v. Douglas County

Where a local government does not consider all uses within the impact area and all predicted conflicts for an application under OAR 660-023-0180(5)(a) and (5)(b), LUBA will remand.

Area(s) of Law:
  • Land Use

Schaefer v. Marion County

Where a county’s approval of a Statewide Planning Goal 3 exception is based solely on proximity to a transportation facility, LUBA will reverse the county’s decision.

Area(s) of Law:
  • Land Use

Landwatch Lane County v. Lane County

Where a parcel is wholly transferred but later divided into separate lots because of a lien foreclosure on part of the parcel, LUBA will validate the division.

Area(s) of Law:
  • Land Use

Claus v. City of Sherwood

ORS 92.040 authorizes an applicant to develop one portion of the subdivided property under the standards in effect at the time of the subdivision application and develop another portion of the subdivided property under the standards currently in effect.

Area(s) of Law:
  • Land Use

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