Aaron Bishow

Land Use Board of Appeals (3 summaries)

Sky Lakes Medical Center, Inc. v. City of Klamath Falls

LUBA must affirm a governing body’s interpretation of a land use regulation unless the interpretation is inconsistent with the express language or purpose of the regulation—even if petitioner’s interpretation is equally plausible.

Area(s) of Law:
  • Land Use

Oster v. City of Silverton

Under ORS 197.195(1), in order to incorporate a comprehensive plan standard as approval criteria for limited land use decisions, a local government must make clear what specific plan provisions apply and may not rely on incorporation by reference of the entirety of plan.

Area(s) of Law:
  • Land Use

York v. Clackamas County

Under ZDO 406.05(A)(1) and OAR 660-006-0025(5)(b), the proper comparison for purposes of assessing whether there is significantly increased risk of fire hazard is not between the proposed solar facility and other solar facilities, but between the proposed facility and the preexisting farm or forest conditions.

Area(s) of Law:
  • Land Use

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